RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2005
DOCKET NUMBER: AR20040009779
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Mr. William D. Powers | |Member |
| |Ms. Marla J. N. Troup | |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 that his retired rank be changed to lieutenant
colonel (LTC).
2. The applicant states, in effect, that he previously submitted the
request to the Human Resources Command via his old unit. After the request
had been lost for over a year, he was told he needed to submit a DD Form
149 (Application for Correction of Military Records).
3. The applicant provides a copy of a favorable endorsement from the
commander of the 704th Military Intelligence Brigade.
CONSIDERATION OF EVIDENCE:
1. The applicant, a career, Regular Army, Military Intelligence officer was
promoted to LTC with an effective date and date of rank of 1 December 2001.
2. He was separated on 31 December 2003 due to sufficient service for
retirement under the provisions of Army Regulation 600-8-14, Paragraph 6-
14c(1) or (2) or d or e. The next day, he was placed on the retired list
as a major.
3. Army Regulation 600-6-24 (Officer Transfers and Discharges),
subparagraph 6-14c. provides in pertinent part, (1), that an officer with
20 years of active federal service may, upon their request, be retired
under Title 10, United states Code, Section 3911. Part (2) of the
subparagraph applies to warrant officers. Sub-paragraphs d and e apply to
commissioned or warrant officers with 30 or 40 years AFS respectfully.
4. Title 10, USC, section 1370(a), specifies that unless entitled to a
higher retired grade under some other provision of law, a commissioned
officer who retires shall be retired in the highest grade in which he/she
served satisfactorily on active duty. Section (2)(A) specifies that in
order to be eligible for voluntary retirement in a grade above major, a
commissioned officer must have served on active duty in that grade for not
less than 3 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant served only 2 years and 1 month as a LTC. He did not
meet the statutory requirement to serve 3 years in order to retire in that
grade.
2. The applicant provided no rationale or argument to justify the
requested relief.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KAN___ __WDP _ __MJNT_ 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.
_ Kathleen A. Newman___
CHAIRPERSON
INDEX
|CASE ID |AR20040009779 |
|SUFFIX | |
|RECON | |
|DATE BOARDED | 20050823 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION | DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |144.9213 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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