MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 April 2000
	DOCKET NUMBER:   AR1999034442

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger Able		Member	
	Ms. Margaret V. Thompson		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 the rank of major.

APPLICANT STATES:  In effect, that he was promoted to the rank of major in the USAR while serving on active duty in the pay grade of E-6 and desires to be advanced to that grade on the Retired list.  In support of his application he provides a copy of his promotion orders to the rank of major.

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

He enlisted on 20 August 1958 and remained on active duty until he was honorably released from active duty in the pay grade of E-4 on 31 July 1964.

He again enlisted on 18 February 1965 and remained on active duty until he was discharged in the pay grade of E-5 upon completion of OCS on 15 December 1966, for the purpose of accepting a commission.

He was commissioned as a USAR second lieutenant on 16 December 1966 with a concurrent call to active duty.  He remained on active duty until he was honorably discharged on 3 September 1973.  He retained his USAR commission in the rank of captain.

He immediately enlisted on 4 September 1973 in the pay grade of E-5 and was promoted to the rank of E-6 on 1 March 1974.

On 10 June 1978 he was promoted to the rank of major in the USAR (not on active duty).

He was promoted to the pay grade of E-7 on 9 August 1979 and remained on active duty until 31 August 1981, when he was honorably released from active duty and placed on the Retired list in the pay grade of E-7, effective 1 September 1981, due to length of service.  He had served 20 years and 22 days of total active service.

On 8 November 1989 he was advanced on the Retired list to the rank of captain, the highest active duty grade in which he satisfactorily served.

Title 10, United States Code, provides, in pertinent part, that enlisted 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 completion 30 years of service.  This service may consist of combined active service and service in the USAR Control Group (Retired) and the Army Grade Determination Board is the agency that reviews the records and/or applications for advancement on the Retired list in behalf of the Secretary, for those who have attained 30 years of service.
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 the aforementioned requirement.

2.  In order to be advanced to a higher grade on the Retired list, the applicant must have at some time been advanced to and served in a higher grade prior to his being placed on the Retired list and must have a combined total of 30 years of service (active and/or service on the Retired list).  The applicant did not serve on active duty in the rank of major and therefore is not eligible for advancement to that grade on the Retired list.  However, he has been properly advanced to the rank of captain on the Retired list, the highest grade he satisfactorily served in while on active duty.  Therefore, the Board finds that there is no basis for further advancement 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

___ra___  ___wtm__  ___mvt__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034442	
SUFFIX		
RECON		
DATE BOARDED	2000/04/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  306	129.0400/high grade held	
2.		
3.		
4.		
5.		
6.