MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 November 2000
	DOCKET NUMBER:   AR2000042006

	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. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Ms. Barbara J. Ellis		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:  That he be advanced on the Retired list to the rank of Major.

APPLICANT STATES:  In effect, that he was promoted to the rank of Major in the USAR while serving on active duty in the pay grade of E-6 and desires to be advanced to that grade on the Retired list.  In support of his application he provides a copy of his promotion orders to the rank of Major as well as letters of commendation and evaluation reports.

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

He enlisted in the Regular Army on 27 June 1956 and remained in an enlisted status through a series of continuous reenlistments until he was commissioned as a United States Army Reserve (USAR) Second Lieutenant on 27 September 1967, with a concurrent call to active duty.  He was promoted to the rank of Captain on 27 September 1968 and remained in that status until he was honorably released from active duty (REFRAD) on 5 January 1973 and was transferred to the USAR Control Group (Standby) in the rank of Captain.  He had served 6 years, 3 months and 9 days of active service as a commissioned officer and had a total of 16 years, 6 months and 9 days of total active service.

He again enlisted in the Regular Army on the following day in the pay grade of  E-5 and was promoted to the pay grade of E-6 on 1 April 1973. He maintained his USAR commission while on active duty in an enlisted status and was promoted to the rank of Major in the USAR on 26 September 1975.  He remained on active duty until he was honorably REFRAD on 31 October 1977 and was placed on the Retired List in the pay grade of E-6, effective 1 November 1977.

On 9 November 1986, the applicant was advanced to the rank of Captain on the Retired List, the highest rank he satisfactorily held while on active duty.

A review of the applicant’s records fails to show that the applicant ever served on active duty in the rank of Major.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held while on active duty, as determined by the Secretary of the Army, upon completion of 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired) and the Army Grade Determination Board is the agency that reviews the records and/or applications for advancement on the Retired list in behalf of the Secretary, for those who have attained 30 years of service.

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 and served in a higher grade prior to his being placed on the Retired list and must have a combined total of 30 years of service (active and/or service on the Retired list).  The applicant did not serve on active duty in the rank of Major and therefore is not eligible for advancement to that grade on the Retired List.  However, he has been properly advanced to the rank of Captain on the Retired List, the highest grade he satisfactorily served in while on active duty.  Therefore, the Board finds that there is no basis for further advancement on the Retired List.  

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

___jlp___  __owt___  ___bje___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042006	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  306	129.0400/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.