MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

	BOARD DATE:           6 February 2001
	DOCKET NUMBER:   AR2000048286

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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 January 1982.  In support of his application he submits a copy of promotion orders 187-1, issued by the Total Army Personnel Command (PERSCOM) promoting him to master sergeant, a certificate of promotion to master sergeant, and three Leave and Earning Statements.

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

The applicant retired in the pay grade of E-7 on 31 March 1982.  His military occupational specialty (MOS) was 76P(Stock Control Specialist).  He was awarded the Good Conduct Medal (6th Award), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 60 Device, and the Meritorious Service Medal.

While assigned to Fort McPherson, Georgia the applicant submitted his application for voluntary retirement on 9 July 1981.  Letter Orders 195-4, issued by Headquarters, Fort McPherson, Georgia dated 7 October 1981 placed the applicant on the retired list effective 31 March 1982.

Promotion Orders 187-1, issued by PERSCOM, dated 1 December 1981 promoted the applicant to master sergeant with an effective date of 1 January 1982.

Army Regulation 600-200 prescribes the policy and procedures for career management of Army personnel.  Chapter 7, paragraph 7, 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 9 July 1981.  It is reasonable to presume that the applicant had an approved retirement as indicated by Orders 195-4, issued by Headquarters, Fort McPherson, Georgia dated 7 October 1981 that placed the applicant on the retired list effective 31 March 1982.

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.  Therefore, the applicant’s promotion to master sergeant was invalid. 

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

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

__RVO__  __WTM__  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048286	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000206	
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.