MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 October 2000
	DOCKET NUMBER:   AR2000041113

	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. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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-9.

APPLICANT STATES:  In effect, that he served in an E-9 position, attended the Sergeants Major Academy, and was selected for promotion to the pay grade of E-9 with a sequence number of “1” in military occupational specialty (MOS) 75Z5M.  However, because he had an approved retirement, his name was administratively removed from the promotion selection list and he was retired in the pay grade of E-8.  He goes on to state that the Board has an opportunity to recognize him for his service by advancing him to the pay grade of E-9.

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

He was inducted in San Juan, Puerto Rico on 8 February 1971 and remained on active duty through a series of continuous reenlistments while serving as a personnel specialist.  He was promoted to the pay grade of E-8 on 1 May 1989.

He attended and completed the Sergeants Major Course in 1993 and was assigned to Fort Leonard Wood, Missouri for duty as the Sergeant Major of the Directorate of Military Personnel in October 1994.

On 25 April 1995 he submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 1 April 1996.  His request was approved on 8 May 1995.

On 26 June 1995, the applicant was notified by a memorandum through his chain of command from the Total Army Personnel Command (PERSCOM) that his name had been administratively removed from the E-9 Promotion Selection List based on his approved retirement.

On 31 March 1996 he was released from active duty (REFRAD) and was transferred to the Retired List in the pay grade of E-8, effective 1 April 1996.  He had served 25 years, 1 month and 23 days of total active service.

Army Regulation 600-8-29 serves as the authority for enlisted promotions.  It states, in pertinent part, that personnel who have an approved voluntary retirement application are in a nonpromotable status.

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.  The applicant was properly removed from the promotion selection list in accordance with the applicable regulation due to his having an approved retirement.

3.  Inasmuch as there is no evidence in the available records to show that the applicant was ever promoted to the pay grade of E-9 or that he was unjustly denied promotion to that grade, there is no basis to advance him on the Retired List to a grade he has never satisfactorily held.

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

___js____  ___rjw __  ___rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041113	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/03	
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.