MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 November 2000
	DOCKET NUMBER:   AR2000043625

	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. William Blakely		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:  That he be advanced on the retired list to pay grade
E-8.

APPLICANT STATES:  That during his last year of active duty he served as the 215th Finance Company First Sergeant, an E-8 position.  He states that he has over 30 years of service to include active service and service on the retired list.  In support of his application he submits a DD Form 214, letters of congratulation for his selection to master sergeant, a copy of permanent order 117-7 awarding him the Meritorious Service Medal (1st OLC), and a copy of promotion order #205-16, issued by the Total Army Personnel Command (PERSCOM) promoting him to master sergeant.

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

The applicant enlisted in the Army on 30 March 1974 for a period of 3 years and through reenlistments retired in the pay grade of E-7 on 1 July 1990.

While assigned to Fort Benning, Georgia the applicant was alerted for a permanent change of station (PCS) to Germany on 28 August 1989.  In lieu of his PCS to Germany the applicant submitted his application for voluntary retirement (DA Form 2339) on 31 October 1989.  Item 31 (Remarks) of the applicant’s DA Form 2339 notes his desire to retire as an exception to policy in lieu of complying with PCS instructions and his selection for promotion to E-8.  His application for retirement was approved on 31 January 1990.  

The applicant’s Personnel Qualification Record (DA Form 2A) reflects the applicant was promoted to master sergeant with an effective date of 1 January 1990.

Army Regulation 635-200, Chapter 12, paragraph 9(a) states, in pertinent part, a soldier having 19 years, 6 months or more of active federal service when notified of PCS may request a retirement date.

Army Regulation 635-200, Chapter 7, paragraph 7(n) states, in pertinent part, a soldier selected for an assignment and removed from the assignment for declining reenlistment or extension will be in a nonpromotable status.

Title 10, United States Code, Section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, (or, in the case if a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army.

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.  The Board notes that the applicant voluntarily submitted his application for retirement in lieu of PCS instructions.  Also, his voluntarily retirement in lieu of PCS instructions placed the applicant in a nonpromotable status.

2.  The applicant was aware of his selection for promotion to master sergeant as indicated in Item 31(Remarks) of his DA Form 2339 but voluntarily elected to retire.  

3.  PERSCOM published an order promoting the applicant to master sergeant with an effective date 1 January 1990.  The applicant’s promotion was invalid because he was in a nonpromotable status.

4.  The applicant retired in the pay grade of E-7, the highest grade he held satisfactorily while on active duty; therefore, he is not eligible for advancement on the retired list.

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

__FNE___  __TSK__  __WDB__  DENY APPLICATION

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

INDEX

CASE ID	AR2000043625	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	( DENY)	
REVIEW AUTHORITY		
ISSUES         1. 	131.00	
2.		
3.		
4.		
5.		
6.