RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2007
DOCKET NUMBER: AR20060017127
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Mr. Thomas M. Ray
Member
Ms. Rea M. Nuppenau
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 correction of his retired rank and pay grade to colonel, pay grade O6.
2. The applicant states, in effect, that he retired for length of service after
23 years of service with a retired grade of colonel, pay grade O6. Prior to his retirement he and his wife were involved in an automobile accident wherein his wife was killed and he suffered permanent disabling injuries. Rather than submit to the process of obtaining a retirement based on his medical disability, he chose to retire for length of service. However, he had not completed the 36 month time in grade requirement and submitted a waiver. His waiver request had the support of his commander. On 31 December 2005, prior to final action on his request, he was retired in the rank and pay grade of colonel, O6. About 3 months later, his retirement grade was amended to read lieutenant colonel, pay grade O5. The applicant further states that he could have medically retired as a colonel but believed he was taking the honorable path by retiring for length of service. He respectfully asks the Board to retire him in the rank and pay grade of colonel, O6.
3. The applicant provides copies of his retirement orders; Department of Veterans Affairs (VA) disability claim; Request for Exception to Policy Grade Determination, dated 12 April 2005; and orders amending his retired grade.
CONSIDERATION OF EVIDENCE:
1. On 27 May 1982, the applicant entered the Regular Army. He remained on continuous active duty until his retirement for length of service on 31 December 2005.
2. Orders 076-001, United States Army Human Resources Command, dated
16 March 2004, promoted the applicant to the rank of colonel, pay grade 06, effective 1 April 2004.
3. On 12 April 2005, the applicant submitted a request for an exception to policy to retire as a colonel, pay grade O6. His request was supported by the Commander (major general) United States Special Operations Command.
4. Orders 140-0010, Fort Stewart and Hunter Army Airfield, dated 20 May 2005, directed the applicant's retirement effective 31 December 2005 in the rank and pay grade of colonel, O6.
5. Orders 079-0003, Fort Stewart and Hunter Army Airfield, dated 20 March 2006, amended the applicant's retired grade to read lieutenant colonel.
6. Army Regulation 600-8-24 (Officers Transfers and Discharges) provides, in pertinent part, that a commissioned officer must serve on active duty 3 years in grade to retire in rank above major and below lieutenant general. However, the Secretary of the Army may waive this requirement in individual cases involving extreme hardship or exceptional or unusual circumstances.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant requested a voluntary retirement for length of service and had requested an exception to policy to retire as a colonel, pay grade O6.
2. There is no evidence showing that his request for exception to policy was ever approved. Hence, the correction of his retirement orders changing his retired rank and pay grade to lieutenant colonel, O5.
3. The applicant's contention that he could have retired as a colonel, pay grade O6 based on his medical condition is without merit since he chose to retire for length of service.
4. 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 the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_TMR ___ __RMN _ __JTM___ 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.
__ John T. Meixell_______
CHAIRPERSON
INDEX
CASE ID
AR20060017127
SUFFIX
RECON
DATE BOARDED
20070417
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
129.0500.0000
2.
3.
4.
5.
6.
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