MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 September 2000
	DOCKET NUMBER:   AR2000039314

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 promoted to the rank of warrant officer one (WO1).

APPLICANT STATES:  That he was promised a promotion when he left Virginia and transferred to Hawaii.  He states that he retired 7 months after getting to Hawaii because he was never promoted.

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

He enlisted in the Army on 28 April 1941 in the pay grade of E-1 and he successfully completed his training as a assistant criminal investigator.  He remained on active duty through a series of reenlistments.   On 21 August 1959, he was promoted to the pay grade of E-7.

On 30 June 1961, the applicant retired in the pay grade of E-7 and was transferred to the United States Army Reserve Control Group.  He had completed 20 years and 9 months of total active service.

A review of the applicant’s Official Military Personnel File (OMPF) fails to reveal that orders were ever published promoting the applicant to WO1.  Additionally, there is no evidence of record to support the applicant’s contention that he was promised a promotion to WO1.

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  His contentions have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  The evidence of record clearly shows that he retired in the pay grade of E-7.  There is no evidence of record that shows that he was promised a promotion to WO1.

3.  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 this requirement.

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

___ena__  __jhl____  ___clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039314	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/21	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900	
2.		
3.		
4.		
5.		
6.