MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000040042

	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 served in an E-8 position for over 2 years performing all the duties and responsibilities and should have been promoted to that pay grade.  Accordingly, it would be in the interest of justice to advance him to that grade on the Retired List at this time.

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

He served on active duty in the Air Force from 4 November 1958 to 17 May 1962 when he was honorably released from active duty (REFRAD) and was transferred to the Air Force Reserve.

On 11 September 1963, he enlisted in the Regular Army for a period of 3 years and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 16 August 1976.

On 10 October 1979, he submitted an Application for Voluntary Retirement (DA Form 2339) for length of service to be effective 1 March 1980.  His request was approved on 11 October 1979.

Accordingly, he was REFRAD on 29 February 1980 and was transferred to the Retired List in the pay grade of E-7, effective 1 March 1980.  He had served 20 years and 3 days of total active service.

A review of his records failed to show that he was ever promoted to the pay grade of E-8 or that he was unjustly denied promotion to that grade.

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	AR2000040042	
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.