MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000049145

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 first lieutenant (1LT).

APPLICANT STATES:  That his rank upon his retirement should have been 1LT. In support of his application he submits a copy of his certificate of retirement, a copy of his honorable discharge certificate from the United States Marine Corps (USMC), and a DD Form 214 dated 30 June 1970.

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

The applicant served honorably in the USMC from 20 June 1944 through 20 May 1946.  His highest rank attained was 1LT (0-2).

He served honorably in the United States Air Force from 7 December 1953 through 16 July 1963.  His highest rank attained was master sergeant (E-7).

On 17 July 1963 the applicant entered the Army with a direct appointment to warrant officer.  He served successfully in assignments at Fort Wolters, Texas, Fort Carson, Colorado, Vietnam, Arlington Heights, Illinois, and Colorado Springs, Colorado.  The applicant retired on 30 June 1970 in the rank of chief warrant officer three (CW3). 

The Army Grade Determination Board (AGDRB) advanced the applicant on the retired list to the rank of 1LT (0-2) on 11 October 2000.

Title, 10, U.S.C, section 3911, provides that the Secretary of the Army may, upon the officer’s request, retire a regular or reserve commissioned officer of the Army who has at least 20 years of service computed under section 3926 of this title, at least 10 years of which have been active service as a commissioned officer.

Army Regulation 635-200, chapter 12, paragraph 12-3b, provides that retirement
“will be in the regular or reserve grade the soldier holds on the date of retirement”.  The statutory provision (10 USC 3961(b)) provides that unless entitled to a higher retired grade under some other provision of law, a regular or Reserve of the Army not covered by subsection (a) who retires other than for physical disability retires in the regular or reserve grade that he holds on the date of his retirement. (Subsection (a) is applicable to Army officers).

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 did not meet the statutory requirement to retire as a commissioned officer in the rank of 1LT.

2.  On the date of his retirement, he was serving in the grade of CW3 (W-3) and was properly retired in that grade in accordance with regulatory (Army Regulation 635-200, paragraph 12-3b) and statutory (10 USC 3961) provisions, which provide that “retirement will be in the regular or reserve grade the soldier holds on the date of retirement.”

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

__FNE___  __TSK__  __WDB__  DENY APPLICATION

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

INDEX

CASE ID	AR2000047055	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
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.