RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060011642 


	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. Gerard W. Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Ronald S. Venable

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, adjustment of her mandatory removal date (MRD) as a result of her selection by a Special Review Board. 

2.  The applicant states that due to omission for consideration for promotion to the grade of colonel/pay grade O6, I was granted Special Review Board consideration for O6 promotion in 2006 under 2004 criteria.

3.  The applicant provides US Army Human Resources Command (HRC), Orders Number B-09-606708, dated 14 September 2006; HRC Promotion Consideration Memorandum, dated 13 September 2006; HRC Office of the Inspector General Memorandum, dated 16 March 2005; 20 pages of e-mails; and 21 pages of miscellaneous documents from her official military personnel file (OMPF) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant was commissioned as a second lieutenant in the Army National Guard (ARNG) on 7 June 1976.  She received a 20-Year Letter for retirement purposes on 9 July 1997.

2.  Department of the Army, Headquarters, 90th Regional Readiness Command Orders Number 04-173-00011, dated 21 June 2004, show that applicant was assigned to the Retired Reserve in the grade of lieutenant colonel effective 1 July 2004 for reason of reaching maximum authorized years of service.

3.  Records show that the applicant was considered by a Special Review Board for consideration for promotion to colonel under the 2004 criteria and was selected for promotion.  

4.  HRC Orders Number B-09-606708, dated 14 September 2006, show that the applicant was promoted to the grade of colonel effective 17 February 2005 with the date of rank of 17 February 2005.

5.  Title 10 of the United States Code, Section 14507 contains the legal authority for removal from the Reserve Active Status List (RASL) for years of service for Reserve lieutenant colonels and colonels of the Army, Air Force, and Marine Corps and Reserve commanders and captains of the Navy.  Paragraph A states, in pertinent part, that Reserve Lieutenant Colonels and Commanders who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the RASL) be removed from that list on the first day of the month after the month in which the officer completes 28 years of commissioned service.  Paragraph B states, in pertinent part, that Colonels and Navy Captains who are not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the RASL) be removed from that list on the first day of the month after the month in which the officer completes 30 years of commissioned service.  

6.  Title 10 U.S.C. section 14507(b) states that USAR officers in the grade of Colonel shall be removed from the Reserve Active Status List on the first day of the month after the month in which the officer completes 30 years of commissioned service.  Section 1370(d)(3)(A)(B)(i) provides that an officer above the grade of lieutenant colonel may be credited with satisfactory service in that grade for the purpose of retirement after three years in an active status.  A person covered by subparagraph (A) who has completed at least six months of satisfactory service in grade may be credited with satisfactory service in the grade in which serving at the time of transfer or discharge, notwithstanding failure of the person to complete three years of service in that grade, if that person is transferred from an active status or discharged as a reserve commissioned officer solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the person's age or years of service.

7.  Army Regulation 135-155 provides that officers assigned to a unit must be serving in a position requiring the higher grade or assigned to the IRR or as an Individual Mobilization Augmentee (IMA).  Unit officers not promoted on their promotion eligibility date and who transfer after their promotion eligibility date are promoted effective on the day of transfer to a non-unit status.

8.  Army Regulation 140-185 prescribes the policy for awarding retirement points. It stipulates that each member will be granted 15 membership points for each year they are in an active status, and that 50 points in a year is necessary for that year to be a qualifying year for retirement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her MRD should be adjusted based on her promotion to the grade of colonel was carefully considered and determined to have merit.

2.  By law, commissioned officers in the rank of lieutenant colonel, will be removed from the RASL upon completion of 28 years of commissioned service.  Those commissioned officers in the rank of colonel will be removed from the RASL upon completion of 30 years of commissioned service.   
3.  The applicant was promoted by a Special Review Board to the grade of colonel.  Therefore, she is entitled to extension of her MRD to reach 30 years of commissioned service.  Based on the fact that the applicant was commissioned on 7 June 1976, the applicant's MRD as a colonel would be 1 July 2006.

4.  The evidence of record confirms the applicant was transferred to the Retired Reserve on 1 July 2004, as a result of reaching the maximum years of authorized service as a lieutenant colonel, and that at the time, she had completed 24 years of qualifying service for retirement.  

5.  Based on the applicant's promotion to the grade of colonel, her record should be corrected to show she earned 50 creditable points in each of the retirement years ending on 6 June 2004, 6 June 2005 and 6 June 2006.  Her record should also be corrected to show she was transferred to the Retired Reserve, in the rank of colonel, on 1 July 2006, upon completing 30 years of commissioned officer service.  

BOARD VOTE:

_JTM____  _LDS___  _RSV___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing:

	a.  she continuously served in an active status in the United States Army Reserve for retirement year 2004 by showing 24 active duty points already awarded, 15 membership points, and awarding 11 IDT points for pay purposes for a total of 50 points;

	b.  she continuously served in an active status in the United States Army Reserve for retirement year 2005 by showing 15 membership points and 35 IDT points for pay purposes for a total of 50 points; 
	c.  she continuously served in an active status in the United States Army Reserve for retirement year 2006 by showing 15 membership points and 35 IDT points for pay purposes for a total of 50 points; and

	d.  she was transferred to the Retired Reserve in the rank of colonel on 1 July 2006, based on completion of 30 years of commissioned officer service.  






_Linda D. Simmons__
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.