| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: In effect, that his 20-year mandatory retirement date (MRD) of 31 May 2003 be honored.
APPLICANT STATES: That, as a two-time non-selection for promotion to Major, he was notified by letter, dated 4 September 2002, that his MRD had been established as 31 May 2003 based on his basic active service date (BASD) having been calculated as 15 April 1983; his BASD was established at the time he entered active duty as a commissioned officer on 21 December 1990. Subsequent to that notification, the applicant was notified telephonically by the US Total Army Personnel Command (PERSCOM) that his MRD was recalculated as 31 March 2004. The applicant states that he bought a home and a business in Mesa, Arizona, with the intent of being retired in that location on 1 June 2003. He also points out that his BASD of 15 April 1983 was used to deny him advanced civil schooling when he applied for that program in the latter stages of his career.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Arizona Army National Guard (AZARNG) on 22 August 1979 and served until honorably separated on 31 January 1982. During that period, he served on active duty for training (ADT) from 24 March 1980 to 26 July 1980, a total of 4 months and 3 days of creditable active duty, and on other active duty for 1 month.
On 10 March 1982, the applicant enlisted in the Regular Army and served until honorably separated on 29 July 1988. During this period, he was credited with 6 years, 4 months, and 20 days of active service, for a grand total of 6 years, 9 months, and 23 days of creditable active service.
Following his graduation from college in 1990, the applicant was commissioned from the Reserve Officers Training Corps (ROTC) program and appointed as a Second Lieutenant on 21 December 1990 and entered on active duty on the same date. He is currently on active duty serving in the rank of Captain.
In a letter from the US Total Army Personnel Command (PERSCOM), dated 4 September 2002 and signed by The Adjutant General, the applicant was informed that he had received a second non-selection for promotion to Major by the FY02 selection board and, being within 2 years of retirement eligibility, must retire on his MRD of 31 May 2003.
In a PERSCOM memorandum dated 4 September 2002, the Chief, Retirement and Separations Section, notified the applicant that the MRD cited in The Adjutant General's letter was a "projected retirement date" subject to verification by additional documentation. The applicant was asked to provide additional information. Following a recomputation, his MRD was corrected to 31 March 2004.
In the processing of this case, an advisory opinion was obtained from the Chief, Officer Retirements and Separations Section, PERSCOM, which states, in effect, that the applicant’s BASD (sic) was improperly computed as 31 May 2003 based upon incomplete data at the time of his notification of his second non-selection for promotion to Major. When complete information was received, a corrected BASD (sic) was computed as 31 March 2004. The applicant was provided an opportunity to respond to the advisory opinion and he reiterated his position that the first date provided by letter, dated 4 September 2002, be honored as correct.
Title 10 U.S.C. §1405 states that only active creditable service may be used in calculating a member's eligibility for retirement.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant was commissioned in the Regular Army on 21 December 1990. Prior to his appointment as a Second Lieutenant, he had served as an enlisted soldier in the Regular Army and as an enlisted soldier in the AZARNG. During his enlisted service, he accumulated 6 years, 9 months, and 23 days of creditable active service.
2. When he entered active commissioned service on 21 December 1990, the applicant's BASD was recalculated to account for his prior active duty enlisted service. His BASD was incorrectly established as 15 April 1983 when it should have been established as 28 February 1984.
3. When the applicant received his 4 September 2002 mandatory retirement letter, it incorrectly stated that his MRD was 31 May 2003. However, the applicant received a second notification -- this one from the Chief, Officer Retirements and Separations Section, PERSCOM -- advising him that his MRD of 31 May 2003 was a "projected date" subject to verification. After reviewing additional documentation provided by the applicant, PERSCOM corrected the applicant's MRD to 31 March 2004.
4. 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. The law and applicable regulations clearly require 20 years of active service in order to qualify for retirement. The applicant's erroneous BASD of 15 April 1983 was off by almost 1 year and would have given the applicant only 19 years and 2 months of creditable active service by his erroneous 31 May 2003 MRD.
5. The applicant should not have acted on a "projected" MRD, but should have withheld post-retirement planning until a firm MRD had been established. As an officer with nearly 20 years of experience, he should have known that the "projected" MRD in the 4 September 2002 mandatory retirement letter would not have given him the required years of active service to qualify for retirement.
6. 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
__rvo___ __kan___ __phm___ DENY APPLICATION
| CASE ID | AR2002083217 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030703 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136.0100 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090010876
U.S. Total Army Personnel Command, memorandum, dated 22 November 1999, shows the Chief, Officer of Promotions, Reserve Components, informed the applicant a DA Reserve Components Selection Board was convened to consider officers in his grade for promotion to the rank/grade COL and he had been considered for promotion, but was not among those selected for promotion by the board. He also informed the applicant his records indicated he had completed 28 years of active status commissioned...
ARMY | BCMR | CY2001 | 2001056734C070420
Orders 001-003, PERSCOM dated 5 January 1993 adjusted the applicant’s date of rank to 6 July 1987. 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: While the applicant noted his work with the CIA when he applied for active duty, he did not indicate that he would accept active duty only if his CIA tour was counted as AFS.
ARMY | BCMR | CY2013 | 20130012849
Application for correction of military records (with supporting documents provided, if any). The applicant requests: * that the 1998 Selective Retention Board (SRB) be set-aside for non-compliance with controlling regulations * an adjustment of his military technician retired pay from the date of his release at age 48 to age 55 projections (in effect, additional service credit) * promotion to the rank of colonel to place him in equal standing with his peer group at retirement * removal of a...
ARMY | BCMR | CY2011 | 20110017181
References: * Title 10, USC, section 10145: Ready Reserve Placement In * Title 10, USC, section 12213: Officers Army Reserve: Transfer from ARNGUS * Title 10, USC, section 12215: Commissioned Officers Reserve Grade of Adjutant Generals and AAG's * Title 10, USC, section 14003: Reserve Active Status List (RASL) Position of Officers on the List * Title 10, USC, section 14507: Removal from the RASL for Years of Service, Reserve Lieutenant Colonels and COL's of the Army, Air Force, and...
ARMY | BCMR | CY2009 | 20090021619
The applicant requests adjustment to his date of rank to major from 13 August 2004 to 22 July 1997 as determined by the Army Board for Correction of Military Records (ABCMR) as his promotion eligibility date (PED) and promotion consideration to lieutenant colonel by the next scheduled Special Selection Board (SSB). The effective date of promotion would be either of the following dates: a. The evidence shows in June 2003 he was selected for promotion to major by an SSB with a projected...
ARMY | BCMR | CY2002 | 2002077570C070215
The applicant requests, in effect, that he be extended past his mandatory removal date (MRD) of 7 December 2002 to earn additional qualifying years of service for Reserve retirement. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1)...
ARMY | BCMR | CY2003 | 2003087893C070212
The applicant provides: The applicant's records contains an advisory opinion from the Chief, Transitions and Separations Branch, AR-PERSCOM, dated 2 June 2003, which states, in essence, that the applicant was honorably discharged from the USAR effective 1 April 2003, per Letter Order Number D-03-312931, dated 26 March 2003. On 30 January 2004, AR-PERSCOM informed the staff of the Board that the applicant was denied selection for promotion to Lieutenant Colonel in 2002 due to civilian...
ARMY | BCMR | CY2002 | 2002076641C070215
It indicated, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve Component soldier. He was allowed two additional years to obtain one additional year of qualifying service until his transfer to the Retired Reserve effective 24...
ARMY | BCMR | CY2002 | 2002081099C070215
Evidence of record shows that the applicant was considered, and selected, for promotion to colonel/pay grade O-6 by a Department of the Army Special Selection Board and that his effective date of promotion was 2 March 1998. As such, the applicant is not entitled to have his records corrected to show an extension of his MRD beyond 3 September 2001, or his service beyond 30 September 2001. d. Correcting the individual’s military records to show that he was promoted to colonel/pay grade O-6...
ARMY | BCMR | CY2011 | 20110016199
The applicant requests reconsideration of the Arizona Army National Guard (AZARNG) Active Service Management Board (ASMB) results and continued retention in the AZARNG Active Guard Reserve (AGR) Program. The memorandum further informed him that: a. he would be released from the AGR Program and transferred to the status he elected not later than 30 November 2011; b. his options included: (1) return to drilling status, (2) apply for retirement, or (3) transfer to the U.S. Army Reserve...