MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 May 2000
	DOCKET NUMBER:   AR1999031547

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. James M. Alward		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 he be advanced on the Retired List to grade E-8.

APPLICANT STATES:  That he was on the E-8 promotion list prior to his retirement.  He submits copies of notes of congratulations on his selection for E-8.

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

He enlisted and entered active duty on 2 August 1972.  He completed training as an infantryman and continued to serve on active duty through a series of reenlistments.  He was promoted to grade E-7 effective 6 April 1983.

The applicant requested voluntary retirement on 23 January 1992 to be effective on 31 August 1992.  His Data For Retired Pay form shows that he would have 20 years active Federal service on 1 August 1992 and that his current grade and retirement grade were as an E-7.  His request was approved on 13 March 1992.

Three notes, dated 13 August 1992, congratulate the applicant for his recent selection for promotion to E-8.

Effective 31 August 1992 he was separated from active duty for length of service under authority of AR 635-200, chapter 12.  His grade is shown as E-7 and he was transferred to the Retired Reserve in grade.  There is no evidence of record that a promotion order to E-8 was ever issued or that he ever served in that grade at any time on active duty.  Additionally, there is no evidence of record that the applicant requested to withdraw his voluntary retirement to accept his promotion and continue to serve on active duty.

Title 10, section 3961 states that, unless entitled to a higher retired grade under some other provision of law, an individual who retires other than for physical disability retires in the grade that he holds on the date of his retirement.

Section 3964 provides for advancement on the retired list to the highest grade in which the member served satisfactorily on active duty upon completion of a total of thirty years active and retired list service.

AR 635-200 provides the separation policy for enlisted soldiers.  Chapter 12 states that a soldier who has an approved retirement is in a nonpromotable status.  They will not be promoted unless withdrawal of their retirement is approved.  Soldiers who are promoted to grade E-8 incur a 2 year service obligation.

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.  On the date the applicant was approved for voluntary retirement he was in a nonpromotable status.  There is no evidence that he ever requested to withdraw his retirement application and no promotion order to E-8 was ever issued.

2.  The applicant was not eligible for promotion prior to his retirement date and he is not now eligible for advancement on the retired list to a grade he never served in on active duty.

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 the aforementioned 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

__RO ___  __CP____  __JA____  DENY APPLICATION

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

INDEX

CASE ID	AR1999031547	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.