MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 April 2001
	DOCKET NUMBER:   AR2000049080

	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.  John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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 he be advanced on the Retired List to the pay grade of E-8.

APPLICANT STATES:  That he is qualified to be advanced on the Retired List to his former pay grade of E-8 after completing 30 years of service.  In support of his application he submits a copy of his promotion orders to pay grade E-8, reduction orders to pay grade E-7, DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 3713 (Data For Retired Pay), DA Form 2339 (Application for Voluntary Retirement) and NGB Form 22 (Report of Separation and Record of Service).

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

The applicant served honorably in the Regular Army from 1 June 1964 to 9 April 1974.  He honorably served in the Army National Guard (ARNG) from 13 January 1975 to 31 January 1982 with active and inactive enlisted status.  He served in an active status in the ARNG from 1 February 1982 to 31 October 1990.  He was placed on the Retired List in pay grade E-7 on 1 November 1990.

The file indicates the applicant was promoted to pay grade E-8 with an effective date of 1 September 1980.  He was reduced to pay grade E-7 effective 1 February 1982 under the provisions of National Guard Regulation 600-200 paragraph 6-35d.

DA Form 2339 and DA Form 3713 provided by the applicant indicates his highest grade attained was E-8.

NGB Forms 23 (Retirement Credits Records) for the period 13 January 1975 to 31 March 1982 do not show the applicant served on active duty in pay grade E-8.

On 18 November 1997 the applicant requested reinstatement of his pay grade to pay grade E-8 to the US Army Reserve Personnel Command (ARPERSCOM).  ARPERSCOM opined that the applicant only served on extended active duty in pay grade E-7 and was not eligible for advancement on the Retired List.

Additionally, the applicant requested advancement on the retired list to pay grade E-8 to the Army Grade Determination Board (AGRBD).  The AGRDB determined that the applicant did not serve on active duty in pay grade E-8, as required by Title 10 United State, Code Section 3964 and denied his request on 2 April 2001.

National Guard Regulation 600-200, paragraph 6-35d, in effect at the time, states that upon written request, an individual may be reduced to either the next lower grade or other lower grade. 

Title 10, United States Code, Section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which he served on active duty satisfactorily, (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily) as determined by the Secretary of the Army.

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 was promoted to pay grade E-8 on 
1 September 1980 and was reduced to pay grade E-7 on 1 February 1982.

2.  The Board found no evidence and no evidence was submitted by the applicant that shows he served in pay grade E-8 while on active duty to be eligible for advancement on the Retired List.  Therefore, he is not entitled to advancement on the Retired List in accordance with statutory provisions.

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

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

__JNS___  __BJE__  __CLG___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049080	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010419	
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.	129.00	
2.		
3.		
4.		
5.		
6.