MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 May 2002
	DOCKET NUMBER:   AR2001064673

	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. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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 pay grade of E-7.

APPLICANT STATES:  That he was promoted to the pay grade of E-7, but was unable to accept the promotion because he was in receipt of retirement orders.

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

On 1 December 1989, while serving in the pay grade of E-6 at Fort Bliss, Texas, the applicant submitted an Application for Voluntary Retirement based on length of service.  He requested a retirement date effective 1 December 1990 and his request was approved on 10 January 1990.  His orders were published on 18 January 1990.

On 26 February 1990, orders were published by the Total Army Personnel Command (PERSCOM) promoting the applicant to the pay grade of E-7, effective 1 April 1990.  However, the orders also specified that the promotion was not valid if the individual concerned was not in a promotable status and that acceptance of the promotion automatically incurred a 2-year service obligation prior to nondisability retirement.  There is no indication that the applicant attempted to withdraw his application or that he was ever actually promoted.  His promotion orders were revoked by the PERSCOM on 1 May 1990.

On 30 November 1990, the applicant was released from active duty and was transferred to the Retired List in the pay grade of E-6, effective 1 December 1990.  He had served 20 years and 1 days of total active service.

Army Regulation 635-200, chapter 12, provides the criteria, policies and procedures for length of service retirements.  It provides, in pertinent part, that soldiers who have an approved retirement are in a nonpromotable status and will not be promoted unless a request for withdrawal of their retirement application has been approved by the PERSCOM.

Title 10, United States Code, provides, in pertinent part, that enlisted personnel may be advanced in grade to the highest grade satisfactorily held 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.  Although there is no evidence of the applicant attempting to withdraw his retirement application, it is reasonable to presume that the applicant elected to decline the promotion and the 2-year service remaining obligation required to accept the promotion.  In any event, his orders were revoked and there is no evidence that he satisfactorily served in the pay grade of E-7, while on active duty.  Accordingly, there is no basis to advance him to that grade.

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

___fe ___  __cjp  ___  ___wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001064673	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	131.0900/ADV TO E7	
2.		
3.		
4.		
5.		
6.