| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Christopher J. Prosser | Member |
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
| 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. |
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