| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Karol A. Kennedy | Chairperson | ||
| Mr. Thomas A. Pagan | Member | ||
| Ms. Barbara J. Lutz | Member |
APPLICANT REQUESTS: In effect, that his retired rank be changed to colonel (COL).
APPLICANT STATES: In effect, that he served in a promotable position with a civil defense organization for six years. He states that he knows of no error in his military records that would have precluded his selection to the rank of COL. He comments that he does not desire the monetary compensation that a change of his retired rank would bring. He states that he is very proud of his service in the United States Army Reserve (USAR), but would be disappointed if it was not rewarded. In support of his application, he submits three letters of support and copies of his officer efficiency reports.
EVIDENCE OF RECORD: The applicant's military records show:
On 5 June 1981, the applicant was assigned to the USAR Control Group (Retired), by reason of completion of his maximum authorized years of service, in the rank of lieutenant colonel (LTC).
A Data For Retired Pay (DA Form 3713), prepared on the applicant during his retirement processing, contains the entry LTC in Item 3 (Retired Grade),
Item 8 (Highest Grade Attained), and Item 10 (Retired Pay). These entries verify that LTC was the rank he held on the date of his retirement, and that it was the highest rank he held while serving in the USAR. This document further confirms that he was placed on the Retired List in the rank of LTC on 21 June 1991.
Orders P-03-003354, dated 29 March 1991, issued by the Army Reserve Personnel Command (ARPERSCOM), authorized the applicant’s retirement and placement on the Retired List on 21 June 1991, in the retired rank of LTC.
Army Regulation 135-180, which implements the statutory authority governing the granting of retired pay to soldiers and former Reserve Component soldiers, provides at chapter 2, paragraph 2-11(c), that the Retired Activities Directorate, U.S. Army Reserve Personnel Command (ARPERSCOM), will screen each retirement applicant’s records to determine the highest grade held by him or her during his/her military service. The regulation further provides, at paragraph
2-11c(2), that the retired grade of a commissioned officer transferred to the Retired Reserve or discharged on or after 25 February 1975 will be the highest grade held while on active duty or in a Reserve officer status for at least 185 days or 6 calendar months. There are no provisions of law or regulation that provide for advancement of a commissioned officer on the Retired List based on service and performance of duties in a position authorized a higher rank.
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 Board notes and certainly recognizes the applicant’s service to this country, and does not dispute his claim that he served in positions authorized the rank of COL. However, it finds that this factor alone does not provide a basis for the requested relief. By law, the retired grade of a commissioned officer transferred to the Retired Reserve or discharged on or after 25 February 1975 will be the highest rank held while on active duty or in a Reserve officer status for at least 185 days or 6 calendar months. In order to receive a satisfactory service determination under this statutory provision, a member must have satisfied this service obligation.
2. The evidence of record confirms that the applicant was placed on the Retired List in the rank of LTC, which is the highest rank he attained and in which he satisfactorily served while serving in the USAR. Therefore, his being placed on the Retired List in that rank was appropriate, and accomplished in accordance with the applicable provisions of law and regulation. Thus, the Board finds no error or injustice related to the applicant’s retired rank.
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
__KAK__ __TAP__ __BJL__ DENY APPLICATION
| CASE ID | AR2002025010 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/29 |
| 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. | 129.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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