MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 September 2000
	DOCKET NUMBER:   AR2000040336

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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-8.

APPLICANT STATES:  That he was promoted to the pay grade of E-8 on 1 February 1987; however, the promotion was rescinded because he chose to retire rather than serve the 2-year service remaining obligation.

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

He enlisted on 3 November 1966 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 12 April 1979.

Although the applicant’s original Application for Voluntary Retirement (DA Form 2339) is not present in the available records, there is a retirement order dated 14 August 1986 which indicates that he had an approved retirement for 31 July 1987.

On 29 December 1986, orders were published by the Department of the Army announcing the applicant’s promotion to the pay grade of E-8, effective 1 February 1987.  The orders specified that the promotion would not be valid and would be revoked if he was not in a promotable status.  It also stated that acceptance of the promotion automatically incurred a 2-year service remaining obligation prior to non-disability retirement.  The promotion order was revoked on 20 February 1987.

On 26 February 1987 he submitted a request to change his effective date of retirement to 31 May 1987.  His request was approved on 27 February 1987.

Accordingly, he was released from active duty (REFRAD) on 31 May 1987 and was transferred to the Retired List in the pay grade of E-7 effective 1 June 1987. He had served 20 years, 6 months and 28 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.  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-8 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

___cs___  ___fe ___  __cmf ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040336	
SUFFIX		
RECON		
DATE BOARDED	2000/09/12	
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.