MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 December 2000
	DOCKET NUMBER:   AR2000044155

	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:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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 his records be corrected to show that he retired in the rank of master sergeant.

APPLICANT STATES: That he was promoted to master sergeant with an effective date of 1 August 1976.  In support of his application he submits a copy of promotion orders #3-1, issued by the Department of the Army promoting him to master sergeant and his DD Form 214, Report of Separation From Active Duty, dated 31 October 1976.

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

The applicant retired in the pay grade of E-7 on 31 October 1976.  His military occupational specialty (MOS) was 11C (Indirect Fire Infantryman).  He was awarded the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal (7th Award), the National Defense Service Medal (1st OLC), the Army of Occupation Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the Vietnam Campaign Medal with 60 Device, and the Combat Infantryman Badge.

While assigned to Fort Devens, Massachusetts the applicant submitted his application for voluntary retirement on 19 May 1976.  Letter Orders #5-198, issued by Headquarters, Fort Devens, Massachusetts dated 25 May 1976 placed the applicant on the retired list effective 1 November 1976.

Promotion Orders #3-1, issued by the Department of the Army, dated 6 July 1976 promoted the applicant to master sergeant with an effective date of 1 August 1976.

On 8 September 1976, the applicant declined his promotion to master sergeant.

The applicant’s promotion to master sergeant was revoked by Orders #56-1, issued by the Department of the Army, dated 20 September 1976.

Army Regulation 600-200 prescribes the policy and procedures for career management of Army personnel.  Chapter 7, paragraph 7(p), in effect at the time, provided that individuals with approved voluntary retirement applications (other than those who applied for retirement in conjunction with ETS under the Qualitative Management Program) will be considered in a nonpromotable status.

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 on 19 May 1976.  It is reasonable to presume that the applicant had an approved retirement as indicated by Letter Orders #5-198, issued by Headquarters, Fort Devens, Massachusetts dated 25 May 1976 that placed him on the retired list effective 1 November 1976.

2.  The applicant’s approved retirement placed him in a nonpromotable status in accordance with regulatory guidance.

3.  The Board notes that the applicant’s promotion occurred after his approved retirement.  Although, the applicant declined his promotion, his approved retirement placed him in a nonpromotable status; therefore, the applicant’s promotion to master sergeant was invalid. 

4.  The applicant’s retired pay grade of E-7 is correct.

5.  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 the aforementioned requirement.

6.  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

__AMC__  __ALR __  __JAM __  DENY APPLICATION

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

INDEX

CASE ID	AR2000044155.	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001205	
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.	129.04	
2.		
3.		
4.		
5.		
6.