MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 August 2000
	DOCKET NUMBER:   AR2000038012

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Advancement on the Retired list to the pay grade of E-8.

APPLICANT STATES:  In effect, that his family (mother, sister and grandparents) were experiencing many problems at the time and needed his presence badly so he made a decision to decline his promotion, which was one of the most difficult decisions he had to make, and requested retirement.  He further states that he was serving in an E-8 position at the time and hopes that it is sufficient to warrant advancement on the Retired List. 

EVIDENCE OF RECORD:  The applicant's military records show:

He initially enlisted on 7 March 1966 and served until he was honorably released from active duty (REFRAD) on 27 May 1969 and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

He again enlisted on 4 March 1970 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 5 August 1982.

On 1 December 1988 orders were published by the Department of the Army announcing the applicant’s promotion to the pay grade of E-8 effective 1 January 1989.  The orders specified that acceptance of the promotion would incur a        2-year service remaining obligation prior to non-disability retirement.

On 28 January 1989 the applicant submitted a request for voluntary retirement for length of service as an exception to policy, to be effective 31 October 1989.  He indicated in his request that he was aware that his promotion to the pay grade of E-8 would be revoked and stated that he desired to retire before the 2-year service remaining obligation because he was tired of moving every 2 to 3 years, that he was working in a job that he had no background knowledge in, that he was 43 years of age with 22 years of service, and because he believed that it was the prime time for him to begin a new career.

His request was approved, his promotion orders were revoked and he submitted an Application for Voluntary Retirement (DA Form 2339) in which he indicated that the highest pay grade he served in on active duty was E-7. 

On 31 October 1989 he was REFRAD and was transferred to the Retired List in the pay grade of E-7, effective 1 November 1970.  He had served 21 years, 3 months, and 24 days of total active service.

Army Regulation 600-200, in effect at the time, provided the authority for enlisted promotions and declination of promotions.  It states, in pertinent part, that a promotion is considered to be accepted unless a soldier declines the promotion in writing within 30 days of the effective date of the promotion.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held on active duty, as determined by the Secretary of the Army, upon completing 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  In order to be advanced to a higher grade on the Retired list, the applicant must have at some time been properly advanced to and satisfactorily served in a higher grade prior to his being placed on the Retired list.  The applicant has not submitted evidence with his application, and the evidence of record does not contain any evidence to show that he was properly promoted to a higher grade than he held at the time of retirement.  

3.  The applicant clearly declined the promotion to the pay grade of E-8 in favor of retirement and therefore did not satisfactorily serve in that grade on active duty.  Therefore, there is no basis to promote him to a higher grade or to advance him on the Retired list.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cg____  __alr____  ___clg___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038012	
SUFFIX		
RECON		
DATE BOARDED	2000/08/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/adv on ret list	
2.		
3.		
4.		
5.		
6.