2. The applicant requests correction of his military records by showing that he was promoted to the grade of lieutenant colonel and that his name was placed on the retired list in that grade.
3. The applicant retired under the Fiscal Year 1996 Officer Early Retirement Program in the grade of major on 1 September 1996.
4. On 22 May 1996 the Board determined that an adverse officer evaluation report (OER) rendered on the applicant was unjust. The Board recommended that the OER be removed from his records and that the record be placed before a special selection board for reconsideration of promotion to lieutenant colonel. The recommendation was approved.
5. The US Total Army Personnel Command implemented the Boards corrective action and placed the applicants records before a special selection board and he was selected for promotion. He was assigned a date of rank of 1 September 1995.
CONCLUSIONS:
1. The applicants records were placed before a special selection board as directed by this Board and he was selected for promotion.
2. Accordingly, it would be appropriate to correct his records to show that he was promoted to the grade of lieutenant colonel while serving on active duty effective on 1 September 1995 with a date of rank of 1 September 1995.
3. Since he is no longer on active duty, it would be appropriate to waive any service obligation that might be incurred by accepting such a promotion.
4. It follows that his records should be corrected to show that he was placed on the retired list in the grade of lieutenant colonel.
5. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by showing that the individual concerned was promoted to the grade of lieutenant colonel effective on 1 September 1995 with a same date of rank and by showing that he held that grade until his discharge by reason of retirement on 31 August 1996;
b. by awarding him all appropriate pay and allowances resulting from the date of his promotion to lieutenant colonel;
c. by waiving any remaining active duty commitment based on his selection for promotion to the grade of lieutenant colonel; and
d. by showing that his name was placed on the retired list in the grade of lieutenant colonel on 1 September 1996 and by awarding him any retired pay due from the date of his placement on the retired list.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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