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Decision Text

ARMY | BCMR | CY2003 | 03092796C070212
Original file (03092796C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 02 MARCH 2004
         DOCKET NUMBER: AR2003092796


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Arthur A. Omartian Member
Mr. Robert Duecaster Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests that he be advanced on the retired list to captain, pay grade O3E.

2. The applicant states that he received a direct commission in the Army Reserve to first lieutenant in 1981 and was promoted to captain on 15 April 1985.

3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his appointment letter, a copy of his promotion letter, a copy of orders effecting his appointment as a first lieutenant, a copy of his certificate of appointment, a copy of a certificate showing completion of infantry officer basic course, a copy of a certificate showing completion of the infantry officer advanced course, and copies of officer evaluation reports.

CONSIDERATION OF EVIDENCE:

1. The pertinent documents in this case are those submitted by the applicant. He entered on active duty in 1967 and retired in the rank and pay grade of master sergeant, E-8, on 30 April 1988 with 20 years, 9 months, and 6 days of active Federal service.

2. The applicant was appointed a first lieutenant in the Reserve on 3 September 1981, accepting the appointment on 23 September 1981. He completed the infantry officer basic course (nonresident) on 4 April 1984. He was promoted to captain on 22 September 1985. On 3 January 1987 he completed the infantry officer advanced course (nonresident). His appointment and promotion were effected while he was on active duty as an enlisted Soldier.

3. The evaluation reports that the applicant submits with his request show that he was rated in his Reserve commissioned grade, in accordance with regulations, while serving on active duty as an enlisted Soldier.

4. There is no evidence, and the applicant has not submitted any, to show that he served on active duty as a Reserve commissioned officer.

5. On 12 September 2003 the Army Review Boards Agency senior legal advisor informed the applicant that his case could not be forwarded to the Army Grade Determination Review Board, because his records failed to show that he served on active duty in other than his enlisted grades.

6. Army Regulation 635-200 provides for the retirement of enlisted Soldiers, and states in pertinent part that retired Soldiers who have less than 30 years of active service are entitled, when their active service plus service on the retired list total 30 years, to be advanced on the retired list to the highest grade in which they served on active duty satisfactorily. For advancement to a commissioned officer grade, the Soldier must have served on active duty in the grade for not less than 6 months in accordance with the provisions of Title 10 United States Code, Section 1370.

DISCUSSION AND CONCLUSIONS :

1. The applicant was an enlisted Soldier who was appointed as a Reserve commissioned officer in 1981. He did not serve on active duty as a commissioned officer. Consequently, he is not entitled to be advanced on the retired list in the rank captain. His request cannot be granted.

2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ FNE __ __ AAO __ __ RD ___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ____Fred N. Eichorn ___
                  CHAIRPERSON




INDEX

CASE ID AR2003092796
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040302
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. 136.00
2.
3.
4.
5.
6.


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