MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000041493

	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-8 and advanced on the Retired list in that grade.

APPLICANT STATES:  That he served in an E-8 position from 16 August 1971 to 1 August 1974 and was not promoted or compensated at any tour of duty.  In support of his application he submits 14 letters of commendation/appreciation dated from 1960 to 1974.

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

He was inducted on 12 January 1945 and served until he was honorably released from active duty (REFRAD) on 10 August 1946.  He was transferred to the United States Army Reserve and remained in a Reserve component status (Army and Air Force) until he enlisted in the Regular Army on 12 January 1954.  He remained on active duty through a series of continuous reenlistments as a medical senior sergeant and was promoted to the pay grade of E-7 on 26 June 1967.

On 31 August 1975 he was REFRAD and was transferred to the Retired list in the pay grade of E-7 effective 1 September 1975.  He had served 23 years, 2 months, and 18 days of total active service. 

A review of his records shows that he did in fact serve in E-8 positions as a club/open mess manager in both Germany and Fort Hood, Texas from 1971 until his retirement.  His records also show that his evaluation reports as well as all of the letters of appreciation/commendation were reviewed by several Department of the Army Centralized Promotion Selection Boards for promotion to the pay grade of E-8.  However, there is no indication in the available records to show that he was ever selected for promotion to the pay grade of E-8.  

Army Regulation 635-200, in effect at the time, served as the authority for promotion to the pay grade of E-8 under the Department of the Army Centralized Promotion System.  It states, in pertinent part, that Headquarters, Department of the Army (DA) is responsible for promotion to the pay grades of E-7 through E-9 and that a centralized promotion system for promotion to the pay grade of E-8 went into effect 1 March 1969.  Selections by DA boards will be based on impartial consideration of all eligible soldiers in the announced zone by military occupational specialty (MOS).  Boards will select the best qualified in each MOS who are best qualified to meet the needs of the Army.

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 applicant was properly considered for promotion to the pay grade of E-8 by several duly constituted DA promotion selection boards and was not selected for promotion.  Therefore, the Board will not attempt to second-guess those boards that had the opportunity to review his records along with those of his peers when they determined that he was not the best qualified to meet the needs of the Army at the time.

3.  Therefore, the Board finds that he was properly retired in the pay grade of E-7 and that he is not entitled to advancement to the pay grade of E-8 on the Retired list; a grade he has never attained.

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

___fe ___  ___tsk __  __wdb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041493	
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 IN GRD	
2.		
3.		
4.		
5.		
6.