MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 September 2000
	DOCKET NUMBER:   AR2000040390

	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. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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, promotion to the pay grade of E-8 and advancement on the Retired List in that grade.

APPLICANT STATES:  In effect, that he was supposed to be assigned to a unit in Vietnam as the first sergeant; however, because the unit was being rotated back to the United states and he had not completed a 12-month tour, he was reassigned to another unit in his secondary military occupational specialty (MOS) as a personnel sergeant.  He further states that this caused him not to be promoted to the pay grade of E-8.

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

He was inducted on 25 April 1942 and served until he was released from active duty (REFRAD) on 13 November 1945.  He enlisted in the National Guard on 22 October 1955 and served in that capacity until he was discharged on 12 December 1956.

He enlisted in the Regular Army on 13 December 1956 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 21 October 1968.

On 14 June 1971 he was transferred to Vietnam and was assigned to the 34th Engineer Battalion as a personnel sergeant.  He was subsequently transferred to the 45th Engineer Group for duty as a MOS test chief and then as a personnel sergeant.  On 19 January 1972 he was assigned to an E-8 position as an administrative supervisor in the Engineer Command – Vietnam, where he remained until he departed Vietnam on 15 May 1972. 

Upon his departure from Vietnam he attended recruiter training in Indiana and was assigned as a recruiter in California upon completion of his training.  He continued to serve as a recruiter until his retirement.

On 14 March 1973 he submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 1 June 1973.  His request was approved and he was REFRAD on 31 May 1973 and was transferred to the Retired List in the pay grade of E-7 effective 1 June 1973. 

A review of the applicant’s Official Military Personnel File (OMPF) fails to show that the applicant was ever selected for promotion to the pay grade of E-8.

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.  There is no indication in the available records to show that he was actually promoted to the pay grade of E-8, that he was unjustly denied promotion or that he satisfactorily served in that pay grade prior to being placed on the Retired List. Therefore, there is no basis to do so at this time.

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

___ena__  ___jhl___  ___clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040390	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/21	
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.