MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           2 August 2001                  
	DOCKET NUMBER:   AR2001051261

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante		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 was promoted and that his retired grade was changed from major (MAJ) pay grade   0-4 to lieutenant colonel (LTC) pay grade 0-5, as an exception to regulatory guidance.

APPLICANT STATES: In effect, that he voluntarily retired from active service after his selection to LTC and before his promotion eligibility date. 

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

During the period 7 April 1977 to 6 July 1981 (4 years, 3 months and 14 days), he served on active duty in an enlisted status.

On 3 August 1984, he entered on active duty as a commissioned officer.

He was considered and selected by the FY00 Lieutenant Colonel, Army Promotion Selection Board that was in session during the period 29 February to 24 March 2000.

On 31 August 2000, he was voluntarily separated and placed on the retired list in the rank of MAJ (04), effective 1 September 2000.  His separation document shows he had 20 years, 4 months and 12 days of creditable service.

On 4 June 2001, the Chief, Promotions Branch, Total Army Personnel Command (PERSCOM) recommended his request be denied.  He stated the applicant’s promotion eligibility date to LTC was 1 April 2001.  He also stated that an officer who is on a promotion list and is removed from the active duty list (ADL) prior to the effective date of promotion shall not be promoted from the ADL promotion list.  Further, in order for an officer to retire as a LTC, that officer must serve in that grade for a period of 3 years. 

On 12 June 2001, the applicant was provided a copy of the PERSCOM opinion for his acknowledgement/rebuttal.  He did not respond.

Army Regulation 600-8-24 indicates, in pertinent part, that “Unless there is evidence of fraud, an officer’s retirement under a particular statute exhausts the power of the President and the Secretary of the Army”.  Further, individuals must serve in the rank of LTC for 3 years in order to be placed on the retired list in that rank.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant voluntarily elected to retire prior to his promotion eligibility date; therefore, he is not entitled to promotion to LTC or to retirement in that grade.

2.  There is no error or injustice and no evidence of fraud in this case.

3.  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.

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

_jpi____  _rjw____  _bke____      DENY APPLICATION

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

INDEX

CASE ID	AR2001051261	
SUFFIX		
RECON		
DATE BOARDED	20010802	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.