MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             23 October 2001                 
	DOCKET NUMBER:    AR2000050251

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaugnessy, Jr.		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: In effect, that his records be corrected to allow him promotion reconsideration to a grade higher than that in which he retired.

APPLICANT STATES: That he was not given credit for his age and was not grandfathered for promotion as was consistent with Army policy, because his records were incorrect and showed his date of birth (DOB) as 1958 instead of 1938.  He served in two Reserve commands without a promotion.

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

On 17 October 1957, he was inducted into the Army of the United States (AUS).  At the time of induction, his DOB is shown as 1 December 1938.  He was honorably separated on 6 October 1959 with 1 year, 11 months and 23 days of creditable service.

During the period 7 October 1959 through 16 October 1963, he was in the Army Reserve (USAR) Control Group.  He was discharged with 4 years and 10 days inactive service, which was creditable for service but not for retirement.

During the period 17 October 1963 through 25 March 1980, he had a break in service.

During the period 26 March 1980 through 10 February 2000, he served in the USAR and had 19 years, 10 months and 7 days of creditable service for retirement at age 60. 

On 10 August 1991, a Chronological Statement of Retirement Points indicates the applicant’s DOB as 1 December 1958 (sic).  This is the only reference to this DOB in his records.

On 5 May 1998, his chronological statement indicates he had 18 years,             11 months and 19 days of creditable service towards retirement; however, on     4 May 1999, 1 year later, he had 20 years, 11 months and 19 days.  The reason for this difference is that his qualifying service from 1986 to 1987 was corrected. 

On 1 December 1998, he reached retirement age, with 20 years, 7 months and 28 days of qualifying service for retirement at age 60.

On 19 January 1999, he was reenlisted for 1 year in order that he could attain   20 qualifying years of service for retirement eligibility at age 60 (sic).

On 10 February 2000, he was discharged from the USAR with 21 years,           10 months and 1 day of qualifying service for retirement at age 60, and with       25 years, 10 months and 11 days total service (Qualifying and Nonqualifying) for longevity pay purposes.
The present promotion policy requires that appropriate time-in-service, time-in-grade, a recommendation and an appropriate position vacancy for promotion.

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.  In order to be considered for promotion, USAR soldiers must be serving in an authorized position of the higher grade; their commander must recommend them; they must meet the time in grade and time in service requirements.  The applicant’s records fail to give evidence that he served in a higher position or that he was recommended for promotion.  There are no provisions to grant promotion credit for the age of an individual.  There is no error or injustice.
2.  The applicant’s records consistently shows his DOB as 1 December 1938, except for the one document he presents.  It is evident that the DOB on this document (1 December 1958) is a single typographical error and did not affect his promotion potential or consideration.  It is noted that the record of service starts in 1957.

3.  The applicant’s AUS service was considered throughout his military career; however, there is evidence of some years he failed to attain qualifying points, which were later corrected.  This would account for concern that his AUS service was not considered.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

_alr____  _teo___  _sep____      DENY APPLICATION

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

INDEX

CASE ID	AR2000050251	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.