MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:  7 September 2000
	DOCKET NUMBER:  AR2000038024

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Walter T. Morrison		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:  That he be advanced in rank to CW3 on the retired list with all pay and benefits effective 31 July 1992, the date of his retirement from active duty.

APPLICANT STATES:  That he was promoted to CW3 effective 19 September 1990 as a USAR warrant officer.  The promotion order states that he is eligible to receive benefits accruing from this promotion on release from active duty.

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

Effective 19 September 1984 he was appointed a USAR warrant officer in the rank of CW2 with concurrent active duty.  On 3 April 1987 he took the oath of office as a Reserve commissioned warrant officer in the rank of CW2.  The applicant signed the oath of office as a Regular Army warrant officer in the rank of CW2 on 14 April 1987.

Effective 19 September 1990 the applicant was promoted to the rank of CW3 as a USAR warrant officer by the Office of Promotions, Reserve Components.  The promotion memorandum states that the individual is not entitled to a higher temporary grade by virtue of this higher permanent Reserve grade and no benefits accrue from this Reserve promotion until release from active duty.

On 20 March 1991 the applicant again executed a Regular Army warrant officer oath of office in the rank of CW2.  His officer record brief shows that he received his Regular Army warrant officer date of rank as a CW2 effective 19 September 1987 and that he was never promoted above the rank of CW2 while on active duty.

On 6 July 1992 retirement orders, effective 31 July 1992, were issued for the applicant in the retired rank of CW2.  His Data for Retired Pay form shows his active duty pay grade, his retired grade, his highest grade attained and his permanent grade, all as CW2.  Effective 31 July 1992 he was separated from active duty in the rank of CW2 and place on the retired list in the pay grade of CW2.

Title 10, U S Code, section 3964, provides for the advancement of warrant officers and enlisted members on the retired list.  It provides that when a warrant officer’s active service plus service on the retired list totals 30 years, he may be advanced to the highest grade in which he served on active duty.

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.  During the applicant’s service on active duty he was never promoted above the active duty rank or pay grade of CW2.  His USAR promotion to CW3 may have only been valid if he had been separated from active duty, not by reason of retirement, and accepted a USAR warrant officer appointment.

2.  The applicant was retired in his rank and pay grade of CW2, his highest grade held on active duty, and he is not now entitled to advancement on the retired list.

3.  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

__ca___  ___tr___  ___wm_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038024	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.