Mr. Carl W. S. Chun | Director | |
Ms. Joyce A. Wright | Analyst |
Mr. Walter T. Morrison | Chairperson | |
Mr. Curtis L. Greenway | Member | |
Mr. Arthur Omartian | Member |
APPLICANT REQUESTS: In effect, that she be advanced on the Retired List to the rank of major (MAJ), pay grade 0-4.
APPLICANT STATES: She was promoted to major in the US Army Reserve (USAR) in April 1987, and retired as a captain in June 1989. She also states that it has been 11 years since she retired and that she should be advanced on the Retired List to the rank of major. In support of her application, she submits two
DD Forms 214 (Certificate of Release or Discharge from Active Duty) and a copy of her retirement orders.
EVIDENCE OF RECORD: The applicant's military records show she enlisted on 22 June 1969. She continued to serve until she was honorably discharged on 14 December 1972, in order to accept an appointment in the USAR.
The applicant served as a Reserve officer on active duty from 15 December 1972 to 1 January 1985. She was released from active duty in the rank of captain (CPT) under the provisions of Army Regulation 635-100, for failure of selection, permanent promotion.
On 2 January 1985, the applicant reenlisted in the Regular Army in an enlisted status, in the rank of sergeant (SGT/E-5) for a period of 4 years.
The applicant’s records contain a copy of a promotion letter, dated 3 December 1987, which shows that the applicant was promoted to the rank of major/0-4 in the USAR on 18 April 1986, while serving on active duty as a staff sergeant (SSG).
The applicant’s records contain a copy of DA Form 2339 (Application for Voluntary Retirement), dated 7 October 1988, which shows the applicant’s current grade/pay grade as SSG/E-6 and the highest grade held on active duty and branch of service as CPT/US Army. She was placed on the Retired List on 30 June 1989 in the rank and pay grade of CPT/0-3. She had served 20 years and 9 days of total active service.
Under the provisions of Army Regulations 600-39, the Dual Component Program, individuals serving in the Regular Army in an enlisted or warrant officer status were allowed to hold concurrent commissioned officer grades in the USAR.
Title 10, United States Code, section 1370 (d) provides that in order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander, an individual must have served satisfactorily in that grade as a Reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six consecutive months.
Title 10, United States Code, section 3911, states that Regular or Reserve commissioned officers may retire as commissioned officers if they have at least 20 years of service, 10 years of which have been active duty service as a commissioned officer. The law provides no provisions for placing a commissioned officer on the Retired List in a rank he was promoted to in the USAR while serving on active duty in an enlisted status in a dual component program.
Title 10, United States Code, section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which he served on active duty satisfactorily. Rank placement on the Retired List is based solely on the highest rank in which a member satisfactorily served on active duty. USAR service in an inactive status while a member of a dual component program does not satisfy this active duty satisfactory service provision of the law.
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 evidence of record shows that the applicant was promoted to MAJ/0-4
on 18 April 1986, which was attained while serving on active duty in the Regular Army in an enlisted status as part of a dual component program. It also clearly establishes the she never served on active duty in the rank and pay grade of MAJ/0-4.
2. The Board finds no evidence that the applicant served six consecutive months on active duty as a MAJ/0-4 to be eligible for advancement on the Retired List in accordance with statutory provisions. Therefore, the applicant is not entitled to be advance to the rank and pay grade of MAJ/0-4.
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
__wm____ ___cg___ ___ao___ DENY APPLICATION
CASE ID | AR2001058600 |
SUFFIX | |
RECON | |
DATE BOARDED | 20011101 |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | 19890630 |
DISCHARGE AUTHORITY | AR 635-200 c, 12 |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. 319 | |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2001 | 2001058032C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. A Department of the Army (DA) Form 3713 (Data for Retired Pay), dated 25 April 1994, confirms the applicant as a result of his having satisfactorily served in the highest grade to which he was promoted, paid, and served in on active duty as a commissioned officer, was placed on the Retired List in the rank and pay grade of CPT/0-3, effective 10 February 1994. The record...
ARMY | BCMR | CY2001 | 2001059673C070421
Rank placement on the Retired List is based solely on the highest rank in which a member satisfactorily served on active duty, USAR service in an inactive status while a member of a dual component program does not satisfy this active duty satisfactory service provision of the law. The evidence of record reveals that the applicant was advanced to the rank and grade of CPT/0-3 on the Retired List by the AGDRB based on this being the highest commissioned officer rank and pay grade he held and...
ARMY | BCMR | CY2007 | 20070009887
On 3 December 1979, U.S. Army Military Personnel Center, Alexandria, Virginia, published Orders Number 339-1, announcing the applicant's promotion to SFC/E-7 with an effective date of 1 January 1980 and a date of rank of 31 December 1979. Evidence of record further shows that the applicant held a dual status as a commissioned officer in the USAR and as an enlisted member of the RA on active duty. Although the applicant was promoted to the grade of MAJ/O-4 effective 16 December 1977, there...
ARMY | BCMR | CY2002 | 2002073811C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Section 634 of the TCA provided a saving provision to enable dual status active duty Army Reserve officers who retire after the effective date of DOPMA to keep their Reserve grade held on 14 September 1981, the day prior to DOPMA becoming effective. Section 634 implicitly states that "a Reserve officer on active duty (as an officer or enlisted member) on 14 September 1981...
ARMY | BCMR | CY2012 | 20120009125
The applicant requests correction of his records to show his dual component status so he can be reissued a military identification (ID) card showing his rank as major (MAJ). The applicant provides: * DD Form 149 (Application for Correction of Military Records), dated 27 July 2012 * DA Form 71 (Oath of Office Military Personnel), dated 17 November 1980 * letter of appointment to CPT in the USAR * letter of promotion to MAJ in the USAR CONSIDERATION OF EVIDENCE: 1. The applicant contends...
ARMY | BCMR | CY2007 | 20070006209C071113
There is no evidence of record that shows that she served on active duty as a Major. Further, advancement of enlisted members to a commissioned officer rank and pay grade on the Retired List requires that the member actually held and satisfactorily served in that higher commissioned officer grade while on active duty. The evidence of record further shows that while serving on active duty in an enlisted status, the applicant was promoted to MAJ/0-4 in the USAR.
ARMY | BCMR | CY2005 | 20050011178C070206
The applicant states, in effect, that he served from November 1967 to March 1974 as a Reserve officer on active duty (AD). While serving on AD, in the rank of SGM/E-9, the applicant was promoted as a Reserve commissioned officer to lieutenant colonel effective 11 December 1986, without being called to AD in that rank. The Board also finds no evidence that the applicant served 6 consecutive months on active duty as a LTC/O-5 or to show that he served satisfactorily in the grade of LTC in an...
ARMY | BCMR | CY2008 | 20080007246
The applicant requests that his records be corrected to reflect his retired rank as a major (MAJ) instead of captain (CPT). Rather, his service on active duty after his REFRAD as a USAR CPT was entirely served as an enlisted member of the Regular Army. It has been noted that the applicants DD Form 214 incorrectly reflects that he was REFRAD as a MAJ O-4 and further indicates that he was serving as a commissioned officer at the time of his REFRAD, when in fact he was serving on active duty...
ARMY | BCMR | CY2002 | 2002077360C070215
The Board in its original consideration of this case found that the applicant was not eligible for advancement to LTC/0-5 on the Retired List because he never satisfactorily served on active duty in that rank and pay grade. The evidence of record confirms that the applicant did not complete 10 years of active duty service as a commissioned officer, as is required by law, in order to be retired in a commissioned officer status. However, the evidence of record also confirms that the...
ARMY | BCMR | CY2014 | 20140003418
TAPC Orders S130-21, dated 13 July 1994, states his retired grade for pay is CPT and his retired grade of rank is MAJ. 6. There is no evidence the applicant served on active duty as a MAJ. 7. There is no evidence he served on active duty in the grade of MAJ.