MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 October 2002
	DOCKET NUMBER:   AR2002075010

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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:  In effect, that his retired rank be changed to colonel (COL).

APPLICANT STATES:  In effect, that he served in a promotable position with a civil defense organization for six years.  He states that he knows of no error in his military records that would have precluded his selection to the rank of COL.  He comments that he does not desire the monetary compensation that a change of his retired rank would bring.  He states that he is very proud of his service in the United States Army Reserve (USAR), but would be disappointed if it was not rewarded.  In support of his application, he submits three letters of support and copies of his officer efficiency reports. 

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

On 5 June 1981, the applicant was assigned to the USAR Control Group (Retired), by reason of completion of his maximum authorized years of service, in the rank of lieutenant colonel (LTC).  

A Data For Retired Pay (DA Form 3713), prepared on the applicant during his retirement processing, contains the entry LTC in Item 3 (Retired Grade), 
Item 8 (Highest Grade Attained), and Item 10 (Retired Pay).  These entries verify that LTC was the rank he held on the date of his retirement, and that it was the highest rank he held while serving in the USAR.  This document further confirms that he was placed on the Retired List in the rank of LTC on 21 June 1991.  

Orders P-03-003354, dated 29 March 1991, issued by the Army Reserve Personnel Command (ARPERSCOM), authorized the applicant’s retirement and placement on the Retired List on 21 June 1991, in the retired rank of LTC. 

Army Regulation 135-180, which implements the statutory authority governing the granting of retired pay to soldiers and former Reserve Component soldiers, provides at chapter 2, paragraph 2-11(c), that the Retired Activities Directorate, U.S. Army Reserve Personnel Command (ARPERSCOM), will screen each retirement applicant’s records to determine the highest grade held by him or her during his/her military service.  The regulation further provides, at paragraph 
2-11c(2), that the retired grade of a commissioned officer transferred to the Retired Reserve or discharged on or after 25 February 1975 will be the highest grade held while on active duty or in a Reserve officer status for at least 185 days or 6 calendar months.  There are no provisions of law or regulation that provide for advancement of a commissioned officer on the Retired List based on service and performance of duties in a position authorized a higher rank. 

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.  The Board notes and certainly recognizes the applicant’s service to this country, and does not dispute his claim that he served in positions authorized the rank of COL.  However, it finds that this factor alone does not provide a basis for the requested relief.  By law, the retired grade of a commissioned officer transferred to the Retired Reserve or discharged on or after 25 February 1975 will be the highest rank held while on active duty or in a Reserve officer status for at least 185 days or 6 calendar months.  In order to receive a satisfactory service determination under this statutory provision, a member must have satisfied this service obligation. 

2.  The evidence of record confirms that the applicant was placed on the Retired List in the rank of LTC, which is the highest rank he attained and in which he satisfactorily served while serving in the USAR.  Therefore, his being placed on the Retired List in that rank was appropriate, and accomplished in accordance with the applicable provisions of law and regulation.  Thus, the Board finds no error or injustice related to the applicant’s retired rank.

3.  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.

4.  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

__KAK__  __TAP__  __BJL__  DENY APPLICATION

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

INDEX

CASE ID	AR2002025010	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/29	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.0400	
2.		
3.		
4.		
5.		
6.