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ARMY | BCMR | CY2003 | 2003088788C070403
Original file (2003088788C070403.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS


         IN THE CASE OF: I
        

         BOARD DATE: 18 December 2003
         DOCKET NUMBER: AR2003088788

         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. James E. Anderholm Member
Ms. Yolanda Maldonado 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, in effect, that he be advanced to the rank and pay grade of colonel/0-6 (COL/0-6) on the Retired List.

2. The applicant states, in effect, that he was serving in the rank of COL at the time of his retirement. He further states that his total active duty time plus time on the Retired List now is greater than 30 years; therefore, he requests to be advanced on the Retired List.

3. The applicant provides a copy of his separation document (DD Form 214), his retirement orders, and his COL promotions orders in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant’s record shows that he was released from active duty (REFRAD) for the purpose of retirement on 31 May 1990.

2. Orders Number S67-16, dated 6 April 1990, issued by the Total Army Personnel Command (PERSCOM), directed that the applicant be REFRAD on
31 May 1990 and that he be placed on the Retired List the following day. These orders confirm that the applicant’s retired grade of rank was LTC/0-5.

3. The applicant provides a copy of orders number 53-005, dated 8 April 1990, issued by PERSCOM. These orders authorized the applicant’s promotion to COL/0-6 on 3 May 1990. The instructions contained on these orders specified that the promotion was not valid and would be revoked if the officer concerned was not in a promotable status on the effective date of promotion.

4. The DD Form 214 issued to the applicant on 31 May 1990, the date he was REFRAD for retirement, confirms that he held the rank and pay grade of LTC/0-5 on that date and that he had completed a total of 20 years, 2 months, and
23 days of active military service.

5. Army Regulation 600-8-24 prescribes the policy for officer transfers from active duty to the Reserve Component and discharge functions for all officers on active duty for 30 days or more. Chapter 6 contains the policy for officer retirement. It states, in pertinent part, that commissioned officer must serve on active duty for three years in grade to retire in rank above major and below lieutenant general, as required by Title 10 of the United States Code, section 1370.

6. Title 10 of the Untied States Code, section 3964 provides the legal authority for advancement to higher grade on the Retired List after 30 years of service for warrant officers and enlisted members. This provision of law is not applicable to retired commissioned officers.

DISCUSSION AND CONCLUSIONS :

1. The applicant’s request that he be advanced to the rank and pay grade of COL/0-6 on the Retired List because his active duty service and time on the Retired List now is greater than 30 years was carefully considered. However, there are no provisions of law or regulation that provide for the advancement of commissioned officers on the Retired List.

2. Although it appears the applicant was promoted to COL/0-6 the month prior to his retirement, he did not remain on active duty to complete the three year service in grade requirement necessary to retire in that rank and pay grade.

3. Advancement on the Retired List, as provided for in Title 10 of the United States Code, section 3964, is applicable only to retired warrant officers and enlisted personnel. By law, commissioned officers must serve on active duty for three years in grade to retire in a rank above major and below lieutenant general.

BOARD VOTE:

________ ________ ______ GRANT RELIEF

________ ________ ______ GRANT FORMAL HEARING

__ RA __ ___ YM _ __ RO ____ 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.





                  Raymond V. O’Connor
                                            CHAIRPERSON


INDEX

CASE ID AR2003088788
SUFFIX
RECON
DATE BOARDED 2003/12/18
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1990/05/31
DISCHARGE AUTHORITY AR 600-8-24
DISCHARGE REASON Retirement
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 306 129.0400
2.
3.
4.
5.
6.


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