MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000039552

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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:  In effect, advancement on the Retired List to the pay grade of E-8.

APPLICANT STATES:  In effect, that he should have been promoted to the pay grade of E-8 based on the classified nature of his assignments.

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

The applicant enlisted on 8 January 1946 and served continuously through a series of reenlistments.  He was promoted to the pay grade of E-7 on 20 July 1966.

On 26 April 1968, while stationed in Korea, the applicant submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement by reason of length of service to be effective 1 November 1968.

His request was approved and he was released from active duty (REFRAD) on 31 October 1968 and was transferred to the Retired List in the pay grade of E-7 effective 1 November 1968.  He had served 22 years, 8 months, and 14 days of total active service.

He was recalled to active duty on 1 March 1970 per his voluntary request and served until he was REFRAD in the pay grade of E-7 on 14 January 1972 and was reverted back to the Retired List.  He had served 1 year, 10 months, and 14 days of active service during his recall period.

There is no indication in the available records which shows that the applicant was selected for promotion to the pay grade of E-8 during his period of active service.

Title 10, United States Code, Section 3964, 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 this requirement.

2.  A condition for advancement on the Retired List is that the individual concerned must have satisfactorily served in the higher grade on active duty at some time prior to being placed on the Retired List. 

3.  Inasmuch as there is no evidence in the available records to show that the applicant was ever promoted to the pay grade of E-8 or that he was unjustly denied promotion to that grade, there is no basis to advance him on the Retired List to a grade he has never satisfactorily held.

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

___emw _  __rvo ___  ___dh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039552	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/28	
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.