MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           30 May 2002                  
	DOCKET NUMBER:   AR2002068447

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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:  The retirement grade of major shown on his DD Form 214 (Report of Separation from Active Duty).

APPLICANT STATES:  That he was given wrong information as to proper corrective action, he was told to wait until he had completed 30 years total service in the active Retired Reserve.  He submits a copy of his separation orders dated 2 May 1978 and his DD Form 214 in support of his request.

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

He was appointed in the Reserve as a second lieutenant effective 9 July 1968, with prior service.  He entered on active duty the same day.

He was appointed to second lieutenant, Army of the United States (AUS) effective 21 August 1968.

He was promoted to first lieutenant, AUS, effective 9 July 1969 and promoted to captain, AUS effective 9 July 1970.

He was promoted to captain, USAR, effective 9 July 1970.

He was issued a promotion memorandum dated 9 May 1977 indicating promotion to major, USAR effective 8 July 1977.

This promotion memorandum advised the applicant that if he was serving on active duty in a commissioned grade lower than that to which promoted in the Reserve, he may elect to be released from active duty and receive the promotion after his release from active duty.  If he did not decline the promotion and remained on active duty, he would be deemed to have a accepted a temporary (AUS) appointment in the grade in which serving on active duty and his promotion as a Reserve will not affect his active duty grade.

He was honorably separated for length of service retirement, as a captain effective 31 July 1978.  He was transferred to the USAR Control Group (Retired Reserve).  He was credited with 20 years, 5 months and 10 days total active service and 24 years, 3 months and 9 days total service for pay.  He was placed on the Retired List on 1 August 1978 in the rank of major.

On 12 September 1982, the Army Reserve Personnel Center, Verification Section, advised the applicant that his grade or rank as shown on his 

DD Form 214 was correct in accordance with documents found in his record.  He was further advised that items 6a and b of his DD Form 214 must reflect his active duty grade or rank and pay grade at time of separation.

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 view of the circumstances in this case, the applicant is not entitled to correction to his DD Form 214 to reflect his retired grade as major.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions; however, the applicant was promoted to major in the Reserve and that promotion could not become effective while he was on active duty in a lower grade.  There is no record and no evidence has been provided to show that the applicant was promoted to major, AUS or that to show that he was serving in the grade of major at the time of his discharge.  He could have elected to be released from active duty for the promotion to major, but chose not to do so.  He was properly released from active duty on 31 July 1978 and placed in the USAR Control Group, promoted and placed on the Retired List as a major.

3.  The retirement orders submitted by the applicant supporting his contention that he was promoted to the grade of major, dated 2 May 1978, show his highest grade held on active duty was captain, not major. 

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

_pm_____  _rvo____  _jpi____     DENY APPLICATION

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

INDEX

CASE ID	AR2002068447	
SUFFIX		
RECON		
DATE BOARDED	20020530	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.09	
2.		
3.		
4.		
5.		
6.