MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 November 2000
	DOCKET NUMBER:   AR2000040737

	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. Shirley L. Powell		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Terry L. Placek		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, that he be promoted to the pay grade of E-8 and advanced on the Retired List in that pay grade.

APPLICANT STATES:  In effect, that he served in E-8 positions and was recommended for promotion to the pay grade of E-8 prior to his retirement.  In support of his application he submits a copy of his record of assignments, a letter of recommendation for promotion and a copy of his last Senior Enlisted Evaluation Report.

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

He enlisted on 8 January 1957 for a period of 3 years.  He successfully completed his training as a military policeman and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 4 August 1972.

His record of assignments show that he served as a first sergeant (E-8) on at least two occasions in 1975 and 1976 while stationed in Korea.

On 1 February 1977, while stationed at Fort Lewis, Washington, the applicant submitted an application for voluntary retirement (DA Form 2339) in which he requested retirement by reason of length of service to be effective 1 August 1977.  He indicated on his application that the highest grade he held while on active duty was the pay grade of E-7.

His application was approved and on 31 July 1977 he was released from active duty (REFRAD) and was transferred to the Retired List in the pay grade of E-7, effective 1 August 1977.  He had served 20 years, 6 months and 23 days of total active service.

A review of the applicant’s records fails to show that he was ever selected for promotion to the pay grade of E-8 prior to his retirement.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held, as determined by the Secretary of the Army, upon completion 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 advanced to a higher grade prior to his being placed on the Retired List.  The applicant has not submitted evidence with his application, and the evidence of record does not contain any evidence to show that he was selected for promotion or that he was ever promoted to a higher grade than he held at the time of retirement.  Therefore, there is no basis to promote him to a higher grade or to advance him on the Retired List 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

___slp___  ___mw__  __tlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040737	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV IN GRD	
2.		
3.		
4.		
5.		
6.