| Mr. Carl W. S. Chun | Director | |
| Ms. Lisa O. Guion | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: Advancement on the Retired List to the rank of captain (CPT), pay grade O-3.
APPLICANT STATES: In effect, that he was a dual component officer at the time he retired from active duty. He further states that pertinent regulations at the time of his retirement stated that once an individual reached 30 years of combined active and reserve service, that individual would revert to his highest grade held for pay purposes.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 27 August 1969 for a period of two years. Having served 10 months and 13 days, the applicant was discharged for the purpose of accepting a commission in the United States Army Reserve (USAR) on 9 July 1970. He attained the rank of specialist five (SP5/E-5).
On 10 July 1970 the applicant was commissioned a second lieutenant and concurrently called to active duty. He was promoted to first lieutenant on
3 November 1971. On 10 March 1972, he completed his active duty commitment and was honorably released from active duty and transferred to the USAR Control Group (Annual Training).
The applicant reenlisted in the Army in the rank of staff sergeant (SSG/E-6) on 20 September 1972. His military occupational specialty was Light Weapons Infantryman until he later reclassified into the Recruiting/Retention field. He retained his commission in the USAR.
His awards include the National Defense Service Medal, the Army Achievement Medal, the Good Conduct Medal, the Army Commendation Medal, the Meritorious Service Medal, the United States Army Basic Recruiter Badge and the United States Army Gold Recruiter Badge.
On 9 July 1976, the applicant was promoted to CPT (O-3), USAR. The record further shows he received officer evaluation reports as a captain through 30 April 1987.
He remained on active duty through a series of continuous reenlistments and was promoted to the rank of sergeant first class (SFC/E-7) on 27 May 1981. He retired in that grade on 1 September 1991, having completed a total of 21 years, 5 months, and 25 days active service.
On 20 February 2001, the Army Grade Determination Review Board (AGDRB) denied the applicant advancement to CPT on the retired list because he did not serve as a captain while on active duty. The AGDRB determined the highest grade in which he served satisfactorily for the purpose of computation of retired pay was first lieutenant.
Title 10, United States Code, section 3964, provides, in pertinent part, that enlisted personnel who retired with less than 30 years of active service are entitled, when their active service plus their service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily, as determined by the Secretary of the Army.
Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Reserve Medal (AFRM) is awarded for honorable and satisfactory service as a member or former member of one or more Reserve Components of the Armed Forces of the United States. Such years of service must have been performed within a period of 12 consecutive years. Service in a Regular Component of the Armed forces, including the Coast Guard, is excluded except that service in a Reserve Component which is concurrent in whole or in part with service in a regular component will be included, such as a Regular Component enlisted soldier with a Reserve Commission.
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 was promoted as a Reserve commissioned officer to the rank of CPT, pay grade O-3, he did not serve on active duty in that grade and therefore cannot be advanced on the retired list to that grade.
2. The Board is inclined to agree with the AGDRB’s decision to advance the applicant on the retired list to first lieutenant (O-2), the highest grade he held satisfactorily on active duty.
3. The Board noted that the applicant served honorable and satisfactorily in a Reserve component for more than ten years and is therefore eligible for award of the AFRM.
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.
NOTE 1: The Army Reserve Personnel Command, ATTN: ARPC-PSP-T will determine the date the applicant became eligible for advancement on the retired list. Once that date has been determined, the ARPC-PSP-T will notify both the retiree and the Defense Finance and Accounting Service-Cleveland Center as outlined in the AGDRB determination dated 21 February 2001.
NOTE 2: That all of the Department of the Army Records related to this case, particularly the DD Form 214 of the individual concerned, be corrected to show award of the AFRM for the period from 10 July 1970 to 9 July 1980.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_FNE___ __RJW___ __WDP___ DENY APPLICATION
| CASE ID | AR2001053334 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010320 |
| 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. | 129.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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