APPLICANT REQUESTS: That he be returned to the active reserve and promoted to the rank of colonel.
APPLICANT STATES: That he voluntarily retired from the USAR and should not have been considered for promotion by the 1994 colonel selection board; however, he was considered and selected for promotion. He contends that since the Army saw fit to promote him, he would like the opportunity to accept the promotion and serve as a colonel.
EVIDENCE OF RECORD: The applicants military records show:
That on 17 May 1994 he voluntarily retired from the active USAR as a lieutenant colonel. At the time of retirement, he had completed over 20 years of service for retirement purposed but had not reached age 60 (DOB 1 September 1942) and had not reached his mandatory removal date as a lieutenant colonel which was 31 August 1995. He had previously been nonselected for promotion to colonel by the 1992 and the 1993 colonel reserve selection boards. The reasons for his nonselection are not known.
Following his application for retirement, his name and records should have been removed from consideration by a promotion board. For reasons unknown, this was not done and he was selected by the colonel selection board that convened in July 1994.
The record shows that upon selection for promotion his promotion eligibility date was established as 19 August 1994. The promotion, announced by US Total Army Personnel Command Memorandum dated 14 October 1994, was subject to senate confirmation and required that he be in an active status in order to accept it.
Army Regulation 135-155, Promotion of Commissioned Officers and Warrant Officers other Than General Officers, provides in pertinent part, that an officer removed from an active status before promotion is final (the effective date of promotion) will be removed from the promotion list. Removal will not be considered a nonselection. If returned to an active status, the officers name will not be placed on a promotion list unless again recommended by a selection board. The officer will not be considered for a reserve of the Army promotion until at least 1 year after the date of return to an active status.
HQDA will remove the name of an officer from a selection list who was ineligible for selection because he or she was removed from an active status before promotion was finalized or was in an active status in error at the time of consideration.
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. Although the applicant had voluntarily retired on 17 May 1994, his records were incorrectly placed before a USAR colonel selection board which met in July 1994 and he was selected for promotion.
2. The promotion regulation clearly indicates that his record should not have been considered by the selection board since he was not in an active status at the time and, therefore, not eligible for either consideration or promotion. His ineligibility to accept the promotion, while having the potential for great impact on him personally, was a harmless error that created no injustice to the individual.
3. The applicants retirement was tendered in good faith and accepted likewise. There is no basis for this Board to abrogate that retirement, restore him to an active status and direct a retroactive promotion.
4. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2010 | 20100011648
The applicant provides the following documentary evidence: a. ABCMR Record of Proceedings, Docket Number AC95-08778, dated 19 March 1997; b. a letter from the Commander of American Legion Post 37, dated 28 March 2008; c. U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, Orders C-05-421624, dated 17 May 1994, transferring him to the Retired Reserve, effective 12 May 1994; d. a memorandum from U.S. Total Army Personnel Command (USTAPC), St. Louis, dated 14 October 1994, notifying...
ARMY | BCMR | CY2001 | 2001059775C070421
APPLICANT REQUESTS: That he not be placed in the Retired Reserve and instead be reinstated in the Ready Reserve in order to complete 20 years of qualifying service. EVIDENCE OF RECORD : The applicant's military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 2 January 1981. The applicant provided a copy of AR-PERSCOM Orders C-03-108606, dated 27 March 2001, which shows that he was released from the USAR Control Group (Reinforcement) due...
ARMY | BCMR | CY2002 | 2002074228C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of his records to show that he was promoted to lieutenant colonel (LTC/0-5) with the appropriate date of rank (DOR) prior to his retirement with back pay and allowances. The regulation provides that mandatory selection boards will be convened each year to consider Reserve Component officers in an active status for promotion to captain...
ARMY | BCMR | CY2002 | 2002070399C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant was considered and selected for promotion to major by the 1995 RCSB, which convened on 14 March 1995. The commander stated that the applicant was a member of the IRR, was selected for promotion to major with a PED of 20 August 1994, in accordance with Army Regulation 135-155, and should have received his promotion orders within 30 days.
ARMY | BCMR | CY2001 | 2001058654C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That he was non-selected for promotion to lieutenant colonel in the US Army Reserve due his non-completion of Command and General Staff College (CGSC). Title 10, U.S. Code, section 14506, states that an officer in the grade of major who twice fails to be selected for promotion to lieutenant colonel will be removed from an active status when he completes...
ARMY | BCMR | CY2002 | 2002080749C070215
The applicant was honorably discharged from the USAR on 3 April 2001, under the provisions of Army Regulation 135-175, 2 years after his removal was required by law. VSI annual payments will be discontinued if the member is separated from the Ready Reserve unless the individual becomes ineligible to continue to serve due to medical or age limitations in which case the soldier will be transferred to the Standby Reserve or the Retired Reserve. The applicant was separated from active duty on...
ARMY | BCMR | CY2002 | 2002079849C070215
AR-PERSCOM informed him the he had been discharged effective 22 June 2001 and would not receive future VSI payments. AR-PERSCOM stated that Public Law and the implementing instructions of the Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 35, requires that individuals receiving VSI "must continue to serve in a Reserve Component for the entire period of eligibility for VSI" unless the member's "transfer is required by reason of failure of selection for...
ARMY | BCMR | CY2001 | 2001065234C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: It provides, in pertinent part, that USAR officers who are serving in the rank of LTC and have not been selected for promotion, will be removed from active status and transferred to the Retired Reserve (if requested and eligible) or discharged, when they complete 28 years of commissioned service if under age 25...
ARMY | BCMR | CY2005 | 20050011572C070206
On 27 November 1996, the ABCMR approved the recommendation to correct his record to show he was selected for promotion to major under the 1993 criteria by a special selection board (SSB) that adjourned on 12 August 1996 and void his discharge. The HRC, St. Louis, issued a Notification of Promotion Status memorandum, dated 22 March 2004, advising the applicant of his non- selection for promotion to lieutenant colonel by a SSB under the 2001 year criteria. Notwithstanding the NGB advisory...
ARMY | BCMR | CY2002 | 2002079072C070215
The applicant requests reconsideration of his earlier appeal to have his discharge voided and that he be transferred to the Retired Reserve with entitlement to prior and future Voluntary Separation Incentive (VSI) payments. She indicated that after her separation from the applicant in December 1999, she was responsible for forwarding the applicant's mail to his new address. VSI annual payments will be discontinued if the member is separated from the Ready Reserve unless the individual...