MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 July 2000
	DOCKET NUMBER:   AR1999032120

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 retired in the rank of Chief Warrant Officer Four (CW4) with entitlement to all back pay and allowances.

APPLICANT STATES:  In effect, that he was retired in the rank of Chief Warrant Officer Two (CW2) but should have been retired in the rank of CW4 because he was serving as a Reserve CW4 at the time of his retirement.  In support of his application he submits copies of his disability retirement orders and his promotion orders to CW4.

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

The applicant initially served in an enlisted status from August 1950 to August 1953 and from May 1954 to May 1958.  He again enlisted in February 1965 and served until he was honorably discharged on 24 October 1968 to accept an appointment as a United States Army Reserve (USAR) Warrant Officer.

He was appointed as a USAR Warrant Officer One (WO1) with a concurrent call to active duty on 25 October 1968.  He was promoted to the rank of CW2 on 25 October 1969 and remained on active duty until he was honorably released from active duty (REFRAD) on 24 October 1973 and was transferred to the USAR Control Group (Standby).

On 25 October 1973 he enlisted in the Regular Army in the pay grade of E-6 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-8 on 5 July 1983.  He was also promoted to the rank of Chief Warrant Officer Three (CW3) in the USAR on 25 October 1977 and to the rank of CW4 on 25 October 1984 (while simultaneously serving on active duty in an enlisted status).

On 15 July 1985 he was discharged in the rank of master sergeant (MSG) by reason of permanent physical disability and was transferred to the Permanent Disability Retired List (PDRL) in the rank of CW2.  He had served 27 years, 6 months, and 28 days of total active service.

A review of the applicant’s records failed to show that the applicant ever served on active duty above the rank of CW2.

Title 10, United States Code, provides, in pertinent part, that Enlisted and Warrant Officer personnel may be advanced in grade to the highest grade satisfactorily held while on active duty, as determined by the Secretary of the Army, upon completing 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired).

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 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.

2.  In order to be advanced to a higher grade on the Retired List, the applicant must have at some time been properly advanced to and satisfactorily served on active duty in a higher grade prior to his being placed on the Retired List.  The applicant has not submitted evidence with his application, and the evidence of record does not contain any evidence to show that he ever served on active duty in a higher grade than that of CW2.  While it is fact that he was promoted to the rank of CW4 in the USAR, and that was the USAR rank he held at the time of retirement, there is no evidence that he served on active duty in that rank.  Therefore, there is no basis to advance him on the Retired List.

3.  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

___sk___  ___tsk __  __jhk____  DENY APPLICATION

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

INDEX

CASE ID	AR1999032120	
SUFFIX		
RECON		
DATE BOARDED	2000/07/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV ON RET LIST	
2.		
3.		
4.		
5.		
6.