MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 September 2000
	DOCKET NUMBER:   AR2000040153

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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:  Advancement on the Retired List to the pay grade of E-7.

APPLICANT STATES:  In effect, that he served in an E-7 position from 1972 to 1978 when he retired after 20 years of service and that orders were being published to promote him to the pay grade of E-7 when he was retiring.  However, when he was informed that he would have to serve another 2 years to accept the promotion, he turned it down because he had already set plans in motion for retirement.

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

He initially enlisted on 11 July 1958 and served until he was honorably released from active duty (REFRAD) on 10 July 1961 and was transferred to the United States Army Reserve (USAR).  He remained in the USAR until he again enlisted in the Regular Army on 15 August 1961 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 5 October 1970.  

On 19 June 1978 he submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 1 September 1978.  He indicated at that time that the highest grade in which he had served on active duty was the pay grade of E-6 and that he was being considered for promotion to the next higher grade.

His application was approved and he was REFRAD on 31 August 1978 and was transferred to the Retired List in the pay grade of E-6 effective 1 September 1978.  He had served 20 years, 1 month and 20 days of total active service.

A review of the available records fails to show that the applicant was ever promoted to the pay grade of E-7 or that orders were ever published to that effect.

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.  In order to be advanced to a higher grade on the Retired list, the applicant must have at some time been properly advanced to and satisfactorily served in a higher grade prior to his being placed on the Retired list.  The applicant clearly had an approved retirement which placed him in a non-promotable status. Therefore, he could not have served the 2-year service remaining obligation required to accept the promotion unless he withdrew his application for retirement. 

3.  Inasmuch as the applicant admits that he declined promotion to the pay grade of E-7 because he did not want to serve the additional 2 years of service the promotion incurred, there is no basis to advance him on the Retired List to that grade. 

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

___cla___  __wtm __  __tbr____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040153	
SUFFIX		
RECON		
DATE BOARDED	2000/09/07	
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.