MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 April 2001
	DOCKET NUMBER:   AR2000049576

	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 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 November 1981.  In support of his application he submits a copy of promotion orders 154-1, issued by the Total Army Personnel Command (PERSCOM) promoting him to master sergeant. 

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

The applicant retired in the pay grade of E-7 on 31 December 1981.  His military occupational specialty (MOS) was 11B(Infantryman).  He was awarded the Good Conduct Medal (6th Award), the National Defense Service Medal, the Vietnam Service Medal with 4 bronze service stars, the Vietnam Campaign Medal with 60 Device, the Bronze Star Medal, the Combat Infantryman Badge, the Purple Heart, the Meritorious Service Medal, the Army Commendation Medal with valor (2nd OLC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

While assigned to Germany the applicant submitted his application for voluntary retirement on 7 May 1981.  Orders 100-15, issued by Headquarters, 1st Personnel Command, APO New York 09081 dated 22 May 1981 placed the applicant on the retired list effective 31 December 1981.

Promotion Orders 154-1, issued by PERSCOM, dated 1 October 1981 promoted the applicant to master sergeant with an effective date of 1 November 1981.

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 7 May 1981.  It is reasonable to presume that the applicant had an approved retirement as indicated by Orders 100-15, issued by Headquarters, 1st Personnel Command, APO New York 09081 dated 22 May 1981 that placed the applicant on the retired list effective 31 December 1981.

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

__WTM__  __TFB__  __JTM___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049576	
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.	129.04	
2.		
3.		
4.		
5.		
6.