ABCMR Proceedings (cont)                         AC97-09494

2.  The applicant requests, in effect, that he be retired in the rank of colonel without being entitled to the increase in pay.  That his report of separation (DD Form 214) be corrected to show that he was awarded the Legion of Merit.

3.  The applicant was separated from active duty on 27 June 1995 and placed on the retired list on 1 July 1995 with    20 years 2 months and 22 days active duty service.  He was awarded the Legion of Merit for the period 12 August 1985 to 30 June 1995.

4.  The applicant, a Reserve officer on active duty with the Active Guard/Reserve (AGR) programs, was selected for promotion to colonel and would have been promoted on       28 June 1995.  However, law and regulation required his separation from active duty on 27 June 1995.  Therefore, he was unable to accept the promotion and retired as a lieutenant colonel on 1 July 1995.

5.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  It specifies that, upon transfer to the Retired reserve, an officer will be transferred in the Reserve grade for which selected for promotion, whether the transfer was due to completion of the required years of service or to age.

6.  The Total Army Personnel Command (PERSCOM) has advised in a similar case that the individual should be promoted to the higher grade but that such action would not create an entitlement to the pay of the higher grade.

CONCLUSIONS:

1.  The applicant is entitled to promotion to colonel without entitlement to pay at the higher paygrade.

2.  The foregoing is in consonance with the advisory opinion previously received from PERSCOM.

3.  The applicant’s Legion of Merit award should be shown on his DD Form 214.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.
ABCMR Proceedings (cont)                          AC97-09494

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that, upon his transfer to the Retired Reserve on 1 July 1995, the individual concerned was promoted to colonel, without entitlement to pay in that higher grade and that he be issued a new DD Form 214 which shows he was awarded the Legion of Merit.

BOARD VOTE:

_____  _____  _____  GRANT AS STATED IN RECOMMENDATION

_____  _____  _____  GRANT FORMAL HEARING

_____  _____  _____  DENY APPLICATION

___________________________
CHAIRPERSON