MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 September 2000
	DOCKET NUMBER:   AR2000040615

	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, promotion to the pay grade of E-8 and advancement on the Retired List.

APPLICANT STATES:  In effect, that she served in positions of increased responsibility during several of her assignments that should have warranted her promotion to the pay grade of E-8.

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

She enlisted on 26 May 1976 for a period of 4 years, assignment to Fort Ord, California, and training as a traffic management coordinator.  She was promoted to the pay grade of E-7 on 1 August 1990 and has remained on active duty through a series of continuous reenlistments.

On 15 July 1996 the applicant submitted an Application for Voluntary Retirement (DA Form 2339) in which she requested retirement for length of service to be effective 1 January 1997.  

On 31 December 1996 she was released from active duty (REFRAD) and was transferred to the Retired List in the pay grade of E-7 effective 1 January 1997.  She had served 20 years, 7 months, and 5 days of total active service.

A review of her records show that while she was considered for promotion to the next higher grade, there is no indication that she was selected for promotion prior to her REFRAD.

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.  The applicant was considered for promotion to the pay grade of E-8 prior to her REFRAD and was not selected.  It would be inappropriate for this Board to second guess a duly constituted promotion selection board that had the benefit of reviewing her records and those of her peers at the time it determined that she was not the best qualified for promotion. 

4.  Additionally, the applicant has not submitted any evidence to show that she was unjustly denied promotion or that she was not properly considered for promotion to the next higher grade.  Accordingly, there is no basis to promote her or to advance her on the Retired List in a grade she has never held.

5.  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	AR2000040615	
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.