RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 January 2005
DOCKET NUMBER: AR20040000863
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:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Ms. Carol A. Kornhoff | |Member |
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 lieutenant colonel/0-5 (LTC/0-5) on the Retired List.
2. The applicant states, in effect, that based on guidance in the
Department of Defense Financial Management Regulation (DODFMR), he is
entitled to be advanced to LTC/0-5 on the Retired List based on his active
service and time on the Retired List equaling 30 years.
3. The applicant provides a copy of his 13 August 1974 and 31 October 1994
separation documents (DD Forms 214), LTC/0-5 promotion orders and
retirement 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 October 1994. Orders Number
121-38, dated 29 June 1994, issued by Headquarters, 24th Infantry Division
(Mechanized), Fort Stewart, Georgia, directed his REFRAD on 31 October 1994
and his placement on the Retired List the following day, 1 November 1994,
in the retired grade of rank of major/0-4 (MAJ/0-4).
2. Orders Number 34-020, dated 11 March 1994, issued by the Total Army
Personnel Command (PERSCOM) authorized the applicant’s promotion to LTC/0-5
on 1 April 1994.
3. The DD Form 214 issued to the applicant on 31 October 1994, 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 of
active military service.
4. Army Regulation 600-8-24 prescribes the policy for officer retirements.
Chapter 6 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.
5. 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 LTC/0-5 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. The record shows the applicant was promoted to LTC/0-5 on 1 April 1994,
but 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. Notwithstanding the applicant’s assertion that he was told he could be
advanced to LTC/0-5 on the Retired List, the advancement provisions
provided in Title 10 of the United States Code, section 3964 are 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 and there are no
advancement provisions of applicable to commissioned officers.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JTM__ __LDS__ __CAK __ 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.
____Linda D. Simmons ___
CHAIRPERSON
INDEX
|CASE ID |AR20040000863 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/01/11 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1994/10/31 |
|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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