MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001
	DOCKET NUMBER:   AR2001056720

	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. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 he advanced on the Retired List to the rank and pay grade of chief warrant four/W-4 (CW4/W-4).

APPLICANT STATES:  In effect, that he was promoted to CW4/W-4 on 
1 December 1987.  In support of his application, he submits a copy of a promotion order issued by the Total Army Personnel Command (PERSCOM), which authorized his promotion to CW4/W-4, effective 1 December 1987, his retirement order, and his Certificate of Release or Discharge from Active Duty (DD Form 214).

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

On 31 January 1988, he was released from active duty (REFRAD) for the purpose of retirement, after completing over 20 years of active military service, and on the following day he was placed on the Retired List in the rank and pay grade of CW3/W-3. 

In February 1987, while assigned to Fort Stewart, Georgia, the applicant submitted his application requesting voluntary retirement.  On 4 May 1987, this request was approved by PERSCOM and on 28 October 1987, Orders Number S206-14, issued by PERSCOM, directed the applicant’s retirement, effective 
31 January 1988, and his placement on the Retired List the following day in the rank and pay grade of CW3/W-3.  

Promotion Orders Number 135-01, issued by PERSCOM, dated 16 November 1987, authorized the applicant’s promotion to CW4/W-4, effective 1 December 1987.

Army Regulation 624-100, in effect at the time, prescribed the policy and procedure for the promotion of commissioned officers on active duty and warrant officers in the Army of the United States (AUS) and the Regular Army (RA).  Chapter 1, paragraph 9, stated, in pertinent part, that warrant officers with who had voluntary retirement applications approved by PERSCOM would be placed 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 requested retirement in February 1987 and that this request was approved by PERSCOM on 4 May 1987.  Orders Number S206-14, issued by PERSCOM, dated 28 October 1987, directed his REFRAD for the purpose of retirement on 31 January 1988, and his placement on the Retired List, in the rank and pay grade of CW3/W-3, the following day.  

2.  The applicant’s approved retirement by the appropriate authority placed him in a nonpromotable status in accordance with regulatory guidance.

3.  PERSCOM published an order promoting the applicant to CW4 with an effective date of 1 December 1987, after his approved retirement.  Therefore, the promotion orders were invalid because the applicant was in a nonpromotable status. 

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

__JNS__  __ MVT __  __WDP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001056720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/24	
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.