MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 April 2001
	DOCKET NUMBER:   AR2000049534

	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. Walter T. Morrison		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 from chief warrant three (CW3) to captain (CPT).  He also requests that this date of birth (DOB) be corrected on his separation documents.

APPLICANT STATES:  That he retired in the rank of CW3 while holding a dual status as a CPT in the United States Army Reserve (USAR).  He states upon reaching age 60 and 30 years of combined service he was not advanced to the rank of CPT as provided by law.  In support of his application he submits a copy of his retirement order, 3 separation documents, an illegible certificate of birth, a copy of his oath of office, and a copy of the letter appointing him a CPT in the USAR.

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

The applicant served on active duty honorably for 8 years, 6 months, and 
10 days, and attained the rank of staff sergeant (E-6) before being appointed as a warrant officer on 2 October 1970.  While on active duty he attained the rank of CW3 and retired as such on 30 June 1983.

On 31 December 1980 he was appointed as a CPT in the USAR but was not called to active duty as a commissioned officer.

The certificate of birth provided by the applicant is illegible to determine his correct DOB. 

To correct the DOB an original certified true copy of the applicant’s birth certificate with a raised seal that is unaltered is required.

Title 10, United States Code, section 1370 (d) provides that in order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander, an individual must have served satisfactorily in that grade as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six consecutive months.

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 if 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 applicant was appointed as a captain in the USAR on 31 December 1980 and retired as a CW3 on 30 June 1983.  

2.  The Board found no evidence that the applicant served six consecutive months on active duty as a captain to be eligible for advancement on the retired list in accordance with statutory provisions.  Therefore, he is not entitled to have his retired rank of CW3 changed to captain. 

3.  The evidence submitted by the applicant to have his DOB corrected is illegible.  The certificate of birth was not a certified true copy with a raised seal that is unaltered.  Therefore, the Board is unable to correct his DOB as he requested.

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

__WTM__  __TFB___  __JTM___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049534	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
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.