MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 December 2000
	DOCKET NUMBER:   AR2000044760

	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	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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 on the Retired List to the pay grade of E-7.

APPLICANT STATES:  In effect, that he believes that he deserves to be promoted to the pay grade of E-7 for his 23 years of honorable service.  He goes on to state that from his second tour in Vietnam he was being promised that he was going to be promoted to the pay grade of E-7; however, one day his commander told him that the system had changed and that promotions were then being made under the Department of the Army Centralized Promotion System.  He further states that he served as the ranking enlisted man after the first sergeant in numerous assignments and that in some cases served as the acting first sergeant.  He also states that given his level of responsibility throughout his career that he is certain that he earned a promotion to the pay grade of E-7 and asks the Board to consider his request to be advanced on the Retired List to that pay grade.

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

He was initially inducted at Fort Buchanan, Puerto Rico on 28 August 1951 and remained on active duty through a series of continuous reenlistments as an infantry indirect fire crewman.  He was promoted to the pay grade of E-6 on 27 July 1966.

He served four overseas tours in Korea, two tours in Vietnam, three tours in Germany and he was awarded the Combat Infantryman Badge (2d Award), the Bronze Star Medal, the Army Commendation Medal with “V” device, the Air Medal, the Army Occupation Medal (Berlin), the Korean Service Medal, the United Nations Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National Defense Service Medal, and the Good Conduct Medal.

His records also show that he was considered for promotion in 1972 and 1973 by Department of the Army Standby Enlisted Advisory Boards for promotion to the pay grade of E-7 and that he was not selected by either of those boards.

On 10 September 1973 he submitted an Application for Voluntary Retirement (DA Form 2339) whereas he requested retirement by reason of length of service to be effective 1 March 1974.  He indicated at that time that the highest grade he held while on active duty was that of an E-6.

His request was approved and he was honorably released from active duty on 28 February 1974 and was transferred to the Retired List in the pay grade of E-6 effective 1 March 1974.  He had served 22 years, 3 months and 5 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 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.  While the applicant had an exemplary record of service, it would be inappropriate for the Board, given the passage of time, to attempt to second guess the promotion selection boards that had the opportunity to review his records and all of the records of his peers at the time that they determined that he was not best qualified to meet the needs of the Army.  Accordingly, in the absence of evidence to show that he was unjustly denied promotion to the pay grade of E-7, there appears to no basis to promote him at this time.

3.  While the Board understands his desire to be promoted, there are no provisions that allow for advancement on the Retired List to a pay grade that was never actually held or served in. 

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 ___  __lem ___  ___hbo__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044760	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.