THE BOARD ADDITIONALLY FINDS:
33. Due to the delay in implementing the Boards previous order, the applicant has accepted civilian employment and is not available for full-time duty in the armed services. Nevertheless, he requests that he be placed in an active duty position with the NGB and be paid the appropriate back pay and allowances.
34. That the applicants military records be amended to show that he was promoted to the grade of lieutenant colonel in the Active/Guard Reserve program in accordance with the implementation by the Chief, National Guard Bureau (NGB) of the previous Board Proceedings.
35. He requests that he be permitted to retire under the Temporary Early Retirement Authority (TERA) effective 30 September 1997 in the grade of lieutenant colonel with a 20 year active duty retirement or some portion of the time between his current 16 years of service and the potential for 20 years of service.
36. Section 4403 of the National Defense Authorization Act for Fiscal Year 1993, as amended, provides, in pertinent part, for retirement for 15 to 20 years of service as a temporary additional force management tool to effect the drawdown of military forces through 1999.
37. Title 10, United States Code, section 1552, correction of military records, provides that the Secretary of a military department acting through a correction board may correct any military record of the Secretarys when the Secretary considers it necessary to correct an error or remove an injustice.
THE BOARD ADDITIONALLY CONCLUDES:
13. It would be appropriate to correct the applicants records to show that he was promoted to the grade of lieutenant colonel effective 1 April 1997 with a date of rank of 1 April 1997 (notwithstanding the previous date of promotion (20 May 1997) established by the Chief, NGB) with appropriate back pay and allowances from the 1 April 1997 promotion date until his retirement.
14. That his request to be retired under TERA effective 30 September 1997 in the grade of lieutenant colonel be approved. However, the years of service to be credited for retirement purposes should be computed based on his actual years of service, to include the period from 1 April 1997 through 30 September 1997, but not arbitrarily based on 20 years of active service unless such calculation reveals that he served for that greater period of time.
15. Since he will not have sufficient service from the date of his promotion (1 April 1997) until his requested retirement date, it would be appropriate to waive any service obligation that might be incurred by accepting promotion to lieutenant colonel.
16. It follows that his records should be corrected to show that he was placed on the retired list on 1 October 1997 in the grade of lieutenant colonel.
17. In view of the foregoing, the applicants records should be corrected as recommended below.
THE BOARD RECOMMENDS:
1. That all of the Department of the Army records related to this case be corrected by amending the Boards recommendation appearing in the proceedings, dated 13 May 1997, to show:
a. that the individual concerned was promoted to the grade of lieutenant colonel effective on 1 April 1997 with that same date of rank and by showing that he held that grade until his separation by reason of retirement on 30 September 1997;
b. by awarding him all appropriate pay and allowances resulting from the date of his promotion (1 April 1997) to lieutenant colonel;
c. by waiving any remaining active service commitment based on his selection for promotion to the grade of lieutenant colonel;
d. by showing that his request for retirement under the TERA is approved and his name placed on the retired list in the grade of lieutenant colonel on 1 October 1997 and by awarding him retired pay from the date of his placement on the retired list; and
e. by awarding him retired pay from the date of his placement on the retired list. Prior to his retirement the applicant will be advised of his Survivor Benefits options and responsibilities.
2. That so much of the application as is in excess of the foregoing be denied.
3. That in accordance with paragraph 21e, Army Regulation 15-185, following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal be returned to the Board for permanent filing.
BOARD VOTE:
At the time of the Boards 13 May 1997 decision in this case, it was the intent of the Board to make the applicants record as administratively correct as it should properly have been at the time. However, in view of the additional factors in this case the applicant is entitled to further correction of his record as noted above.
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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