MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 March 2001
	DOCKET NUMBER:   AR2000047954

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 retired rank and pay grade be changed from sergeant first class (SFC) E-7 to master sergeant (MSG) E-8.

APPLICANT STATES:  That he served satisfactorily in a grade higher than the grade in which he retired, and should qualify for advancement on the retired list.  In support of his application he provides copies of his promotion orders and promotion certificate to MSG, his retirement orders, and his Certificate of Release or Discharge from Active Duty (DD Form 214).

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

He enlisted in the Army on 9 October 1970 for 3 years.  He successfully completed his initial training and was assigned for duty as an automobile repair parts specialist (76S).  In 1972 he was retrained and assigned to air defense artillery (16H) duties.  He remained on active duty serving in a series of assignments both in the United States and overseas.  He attained the rank of SFC on 1 April 1983.

On 30 November 1989 the applicant submitted his application for voluntary retirement, with a desired retirement date of 1 November 1990.  He acknowledged that he was being considered for promotion to MSG at the time of his application.

On 29 May 1990 the Department of the Army published orders promoting the applicant to the rank and pay grade of MSG E-8, effective 1 July 1990.  Those orders stipulated that the promotion was not valid and would be revoked if the applicant was not in a promotable status on the effective date of the promotion.  It further provided that the applicant would incur a 2-year service obligation prior to voluntary nondisability retirement.

On 11 July 1990 appropriate orders were published directing the applicant’s release from active duty and placement on the retired list, in the rank of SFC.  Accordingly, the applicant was retired effective 31 October 1990 and transferred to the United States Army Reserve Control Group (Retired) effective 1 November 1990.

Army Regulation 600-200, in effect at the time, prescribed policies and procedures for enlisted promotions and reductions in grade.  It provided, in pertinent part, that individuals with approved voluntary retirement applications were not eligible for promotion.

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 applicant submitted his application for voluntary retirement knowing that he was being considered for promotion to MSG.  While the specific date of approval for his request is no longer available, the Board presumes it to have occurred shortly after his submission.  Therefore, in accordance with the applicable regulatory guidance, the promotion orders published on 29 May 1990 were not valid and should have been revoked.

2.  The applicant’s contention that he served on active duty as a MSG E-8 is not supported by any evidence of record.  The Certificate of Promotion provided by the applicant is no more valid than were the orders promoting him to MSG E-8.

3.  Furthermore, had the applicant been afforded the promotion as an exception to policy, he still would have incurred a 2-year active duty service obligation, requiring him to remain on active duty until 30 June 1992.  He retired on 
1 November 1990, in accordance with his voluntary request, in the highest rank and pay grade held.  Therefore, he is not entitled to advancement on the retired list

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

__EMW__  __RTD       __TEO___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047954	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.