MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000041240

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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-7, placed on the Retired list in that pay grade and that he be issued a Department of Defense (DD) Form 363A.

APPLICANT STATES:  In effect, that he was discriminated against by two promotion boards who considered him for promotion to the pay grade of E-7 and failed to select him.  He goes on to state that he believes that the boards did not select him for promotion because he was of Puerto Rican descent and that he was most deserving of promotion before he retired.  He also states that he was never issued the honorable discharge DD Form 363A that is indicated on his report of separation (DD Form 214) and he desires to have it issued at this time. 

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

He was inducted at Camp Tortuguero, Puerto Rico on 12 May 1943 and continued to serve through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 20 April 1955. 

On 9 September 1963, while stationed at Fort Knox, Kentucky, the applicant submitted a voluntary application for retirement (DA Form 2339) whereas he requested to be retired by reason of length of service effective 30 November 1963.

His application was approved and he was honorably released from active duty (REFRAD) on 30 November 1963 and was transferred to the United States Army Reserve (USAR) Control Group (Retired) in the pay grade of E-6 effective 1 December 1963.  He had served 20 years, 6 months and 19 days of total active service.  His DD Form 214 shows that he was issued a DD Form 363A (Certificate of Retirement) at the time of his REFRAD and the applicant signed the form. 

His records also show that in addition to the Certificate of Retirement, he also received an Appreciation Scroll, copies of the Department of the Army (DA) General Orders effecting his retirement, and a copy of DA Pamphlet 600-5 (Handbook on Retirement Services for Army Personnel and their Families).

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.  The Board has noted the applicant’s contentions regarding his nonselection for promotion; however, they are not supported by the evidence submitted with his application or the evidence of record.  Accordingly, in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

3.  The applicant’s contention that he was never issued an honorable discharge (DD Form 363A) also appears to be without merit because personnel are not discharged at the time they are transferred to the Retired list with less than 30 years of service and the DD Form 363A is not a discharge certificate but instead is a Certificate of Retirement which was issued at the time he received his Appreciation Scroll and DA Pamphlet 600-5.  Accordingly, there appears to be no basis to issue that form again.

4.  While the Board understands the applicant’s desire to be advanced on the Retired list to the next higher grade, there are no provisions for advancing persons on the Retired list to a grade they have never satisfactorily served in.  

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

___fe ___  ___tsk___  ___wdb__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041240	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV GRD	
2.		
3.		
4.		
5.		
6.