MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           31 August 2000
	DOCKET NUMBER:   AR2000039930

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Joe R. Schroeder		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:  Reconsideration of his earlier appeal to correct his records by changing his retired pay grade to E-7. 

APPLICANT STATES:  In effect,  that he was promoted to pay grade E-7 by the Marine Corps Reserve before he joined the Arizona Army National Guard.  He submits April 1999 documents from the Board for Correction of Naval (BCNR) records to show that his pay grade was corrected to E-7, effective 1 December 1984.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 20 January 1999 (COPY ATTACHED).

The applicant’s submission is new evidence that requires Board consideration.

The applicant’s request for reconsideration states “In October 1985, I joined the Arizona Army National Guard, under the command of Capt. S____, who stated that he did not have a billet for me as an E-6 or an E-7, but that he did have one for an E-5, and that when a billet opened in the E-6/E-7 slot I would pick up my normal rank, I did accept since I wanted to build up my retirement points, plus to continue to serve my country.”

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 Board notes the corrective action by BCNR.  However, by his own admission, the applicant voluntarily entered the Arizona Army National Guard in pay grade E-5 because there was no billet for him in a higher pay grade.  The fact that he had served in the Marine Corps Reserve in pay grade E-6 and had been promoted to pay grade E-7 by that component was and is irrelevant.  There is no corroborating evidence that he was promised a promotion and no evidence that he served in pay grade E-7.
 
2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

___SAC_  __BJE___  ___JRS  _  DENY APPLICATION

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

INDEX

CASE ID	AR2000039930	
SUFFIX		
RECON		
DATE BOARDED	20000831	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.