MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 September 2000
	DOCKET NUMBER:   AR2000039638

	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	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, 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:  That he be reinstated to the pay grade of E-8, the highest grade he held on active duty and that he be placed on the Retired List in that grade.

APPLICANT STATES:  In effect, that he was promoted to the pay grade of E-8 but was retired in the pay grade of E-7.

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

He initially enlisted in the National Guard on 10 April 1954 and served in that capacity until he was inducted on 25 November 1958.  He served on active duty until 19 October 1960 when he was released from active duty (REFRAD) and was transferred to the United States Army Reserve (USAR).  He enlisted in the Regular Army on 7 January 1964 and served until 6 January 1967 when he was honorably discharged.  He again enlisted in the Regular Army on 9 May 1967 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 3 September 1978.

On 1 September 1983 orders were published by the Department of the Army announcing the applicant’s promotion to the pay grade of E-8 effective 1 October 1983.  The orders specified that acceptance of the promotion incurred a 2-year service remaining obligation.

On 1 November 1983 the Department of the Army revoked the applicant’s promotion orders via order number 123-6.

The applicant was notified on 9 November 1983 that he was on assignment instructions for a permanent change of station (PCS) to Germany.  He elected to apply for retirement in lieu of complying with the PCS orders.

He submitted his Application for Voluntary Retirement (DA Form 2339) on 9 November 1983 requesting retirement for length of service effective 1 February 1984.  He indicated on his application at that time that the highest grade he held on active duty was the pay grade of E-7.

Accordingly, he was REFRAD on 31 January 1984 and was placed on the Retired List in the pay grade of E-7, effective 1 February 1984.  He had served 20 years, 1 month and 29 days of total active service.

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 this requirement.

2.  Although the specifics of why the applicant’s promotion orders were revoked are not present in the available records, it is reasonable to presume that the applicant elected to decline the promotion and the 2-year service remaining obligation acceptance of the promotion incurred. 

3.  This is further supported by the fact that after the promotion orders were revoked, the applicant submitted his application for retirement and indicated that the highest grade he held while on active duty was the pay grade of E-7.  Accordingly, there is no basis to advance him to a pay grade in which he never satisfactorily served in while on active duty.

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

__mkp___  ___eja __  __rvo____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039638	
SUFFIX		
RECON		
DATE BOARDED	2000/09/14	
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.