MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 November 2000
	DOCKET NUMBER:   AR2000042542

	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:  Advancement of the Retired List to the pay grade of E-7 or E-8.

APPLICANT STATES:  In effect, that he should be advanced to a higher grade on the Retired List because he served as the noncommissioned officer in charge (NCOIC) of operations at a class one depot in Vietnam.  He further states that he had several noncommissioned officers in the pay grade of E-7 serving under him because they did not want the responsibility and that he received the Bronze Star Medal (BSM) for that assignment.

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

He enlisted on 7 November 1952 and served through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 12 September 1966 and served as a stock control and accounting supervisor.

He served in Vietnam from 14 May 1968 to 13 May 1969 and was awarded the BSM for meritorious service. 

On 13 June 1972, while stationed in Alaska, the applicant submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested to be retired by reason of length of service effective 1 December 1972.  His application was approved on 2 August 1972 and orders were published reassigning him to the transfer point at Fitzsimons General Hospital (FGH) in Denver, Colorado.

On 28 September 1972 he was notified and counseled by officials at FGH that orders had been published announcing his promotion to the pay grade of E-7.  The applicant acknowledged the information on the same date and elected to decline in writing, acceptance of the promotion and the 2-year service obligation the promotion would incur.

Accordingly, he was released from active duty on 30 November 1972 and was transferred to the Retired List in the pay grade of E-6 effective 1 December 1972. He had served 20 years and 24 days of total active service. 

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 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 ever promoted to a higher grade than he held at the time of retirement.  However, the record clearly shows that he declined the promotion to the pay grade of E-7 because he did not desire to serve the 2-year service remaining obligation. Therefore, there is no basis to promote him to a higher grade or to advance him on the Retired List.

3.  There are no provisions for advancing someone on the Retired List to a grade in which they have not previously held or had not satisfactorily served in.  The applicant was afforded the choice of accepting or declining the promotion and he chose to decline it.  Accordingly, the Board finds no error or injustice on the part of the Department in this case. 

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

___slp __  ___mw__  ___tlp ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042542	
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.