MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 August 2000
	DOCKET NUMBER:   AR2000045714

	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. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 rank and pay grade of Captain (CPT/O-3).

APPLICANT STATES:  In effect, that the highest rank he held was that of CPT and therefore he should be advanced to that rank on the Retired List.

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

He initially enlisted on 8 October 1964 and served until he was honorably released from active duty (REFRAD) on 6 October 1967 and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

He again enlisted on 21 November 1968 and continued to serve in an enlisted status until he was honorably discharged on 16 April 1970, upon graduation from Officer Candidate School, in order to accept a commission.

He was commissioned as a USAR Second Lieutenant on 17 April 1970, with a concurrent call to active duty.  He was promoted to the rank of first lieutenant (1LT) on 1 January 1972 and served in that rank until he was REFRAD on 5 September 1973 due to reduction in force.  He was transferred to the USAR Control Group (Standby).

He again enlisted in the Regular Army in the pay grade of E-5 on 6 September 1971 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-8 on 12 October 1984.

Meanwhile, on 16 April 1976, while serving on active duty in the pay grade of E-5, he was promoted to the rank of CPT in the USAR.

On 20 May 1988 he submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested retirement for length of service to be effective 1 September 1988.  He also indicated that the highest grade served on active duty was E-8.  However, a Department of the Army Form 3713 (Data for Retired Pay) contained in the available records indicates that his highest grade attained while on active duty was that of 1LT.

On 31 August 1988 he was REFRAD and was transferred to the Retired List in the pay grade of E-8 effective 1 September 1988.  He had served 22 years, 11 months, and 10 days of total active service.

The Army Grade Determination Review Board (AGDRB) reviewed the applicant’s records on 10 August 2000 and determined that the highest grade he satisfactorily served on active duty was the rank of 1LT and that he did not serve on active duty in the rank of CPT.  Accordingly, the AGDRB voted unanimously to advance him on the Retired List to the rank of 1LT.

Title 10, United States Code, provides, in pertinent part, that enlisted and warrant officer personnel may be advanced in grade to the highest grade in which they satisfactorily served 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 be advanced to a higher grade on the Retired List, the applicant must have at some time been properly advanced to and satisfactorily served on active duty in 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 ever served on active duty in the rank of CPT.  Therefore, there is no basis to advance him on the Retired List to a higher grade than 1LT, which has already been directed by the AGDRB.

2.  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.

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

__cg____  ___alr___  __clg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045714	
SUFFIX		
RECON		
DATE BOARDED	2000/08/24	
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.