MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 August 2001                  
	DOCKET NUMBER:   AR2001057579

	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. James E. Vick 		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. William D. Barr		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 show his promotion to pay grade E-8.

APPLICANT STATES: That he had 27 years of active and reserve service combined, that he has turned in promotion packets at least three times and that his NCOERS (Noncommissioned Officer Evaluation Reports) have always been good.  He has served in the acting positions of First Sergeant, Senior Drill Instructor, Senior Tank Commander and Training NCO.  Further, he indicates he is probably the only decorated Vietnam veteran in the unit.  He indicates that while serving temporarily as the Acting First Sergeant, he submitted another promotion packet to pay grade E-8.  He was notified in October 1997 that his longevity (time) (sic) was up and he had to get off Active Reserve (USAR) Duty Status.  He asked for an extension to carry him until December when the promotion board would meet; however it was denied.  He feels he is entitled to promotion to pay grade E-8 because of the number of years he has served his country.  He states he would like to have this promotion for retired pay purposes.  He indicates the promotion board selected him for promotion to pay grade E-8. 

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

During the period 12 July 1966 to 5 July 1968 (1 year, 11 months and 24 days), he served in the Army of the United States and was honorably separated in pay grade E-6.  He served in Vietnam; however, the available record cannot determine the period.  At separation, his separation document indicates his entitlement to award of the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal with 1960 Device (RVNCM) and 2 overseas service bars. 

He was promoted to pay grade E-7 in 1981.

On 17 May 1995, he reenlisted in the USAR for 6 years with 1 year, 11 months and 24 days of active duty and 23 years, 7 months and 19 days of inactive service.

He received excellent NCOER’s during his service, including his service as acting First Sergeant, Senior Drill Instructor, Senior Tank Commander and Training NCO.

His available records do not contain information concerning his retirement, however, the applicant indicates he was placed on the Retired Reserve List in pay grade E-7 effective 1 November 1997 with 28 years and 1 month total combined service.  He was 50 years, 10 months and 9 days of age at the time.

Army Regulation 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers), indicates, in pertinent part, that enlisted soldiers must be removed from an active status within 30 days of completion of 28 years of service, or at age 60, which ever occurs soonest.

Army Regulation 140-158 (Army Reserve – Enlisted Personnel Classification, Promotion, and Reduction), indicates, in pertinent part, that in order to be considered for promotion to pay grade E-8, the individual concerned must be a member of the USAR and assigned to a Troop Program Unit of the Selected Reserve on the date the board convenes.

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 placed on the Retired Reserve List 1 month after completion of 28 years of combined service.  His separation from the active Reserve appears proper based on his length of service.

2.  There is no evidence of record that promotion packets to pay grade E-8 were ever submitted for him or that he was selected for promotion to pay grade E-8.

3.  Records show that he had good NCOERS and that he served in the acting positions he indicated.

4.  There is no evidence that he was the only decorated Vietnam veteran in the unit.  His decorations included the VSM and the RVNCM; he was not awarded any personal decorations.

5.  There is no evidence that he requested an extension until December 1997 or that it was denied.

6.  Promotions in the Army Reserve are based on the applicant’s membership in an USAR TPU on the date the board convenes.  The applicant was separated prior to the convening of the board.  His promotion eligibility terminated on his separation from the active Reserve.

7.  This Board operates under the standard of presumption of regularity in governmental affairs.  The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
8.  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 and, in the absence of evidence to the contrary, it is presumed that her discharge was conducted in accordance with law and regulations applicable at the time.

9.  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

_jev____  _wdb____  _bje____    DENY APPLICATION

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

INDEX

CASE ID	AR2001057579	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.