RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070002783 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Rial D. Coleman

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast 

Member

Mr. James R. Hastie

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 she be promoted to the grade of lieutenant colonel in the Regular Army and that her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the permanent grade of lieutenant colonel.

2.  The applicant states, in effect, that she should have been permanently promoted to the grade of lieutenant colonel based upon the fact she completed a master's degree in Health Care Administration and successful residency program at Walter Reed Army Medical Center.  The applicant further states she was unaware of this administrative oversight at her time of separation.

3.  The applicant provides a copy of her DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show she was initially commissioned as a second lieutenant on 27 March 1953.  She entered active duty on 13 April 1953 and served continuously until she retired on 31 May 1973.

3.  Department of the Army Special Orders Number 221, dated 9 November 1963, promoted the applicant to the grade of major in the Army of the United States with a date of rank of 9 September 1963.

4.  Item 16 (Civilian Education and Military Schooling) of the applicant's DA Form 66 (Officer Qualification Record) shows that she completed a Masters Degree program in Hospital Administration at Baylor University in 1964.

5.  Part XIb (Indorser) of DA Form 67-6 (US Army Officer Efficiency Report) for the period 30 April 1971 through 1 November 1971 shows that the applicant held a Masters Degree in Hospital Administration.

6.  Department of the Army Special Orders Number 72, dated 13 April 1967, promoted the applicant to the grade of major in the Regular Army with a date of rank of 13 April 1967.

7.  Department of the Army Special Orders Number 227, dated 25 November 1969, promoted the applicant to the grade of lieutenant colonel in the Army of the United States with a date of rank of 25 November 1969.

8.  The applicant's record contains seven Officer Efficiency Reports and one Officer Evaluation Report (DA Form 67-7) rendered during the period 7 July 1965 through 30 May 1973, in which her rating chain determined that she needed to improve her communication and interaction skills with both superiors and subordinates.

9.  Department of the Army, Office of the Adjutant General memorandum, dated 24 November 1972, notified the applicant that a Department of the Army Promotion Selection had considered her for permanent promotion to the grade of lieutenant colonel, but did not recommend her promotion.

10.  Department of the Army, Office of the Adjutant General Letter Orders Number S3-276, dated 28 March 1973, retired the applicant from active service, relieved her from assignment and duty, and placed her on the Retired List on 
1 June 1973, with a permanent grade of major and a retired grade of lieutenant colonel.

11.  Item 30 (Remarks) of the applicant's DD Form 214 shows she was appointed to a permanent grade of major in the Regular Army on 13 April 1967.  Item 30 also shows the applicant was appointed to a temporary grade of lieutenant colonel in the Army of the United States on 25 November 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should have been permanently promoted to the grade of lieutenant colonel and that her DD Form 214 should be corrected to show a permanent grade of lieutenant colonel was carefully considered and determined to be without merit.

2.  Department of the Army Special Orders promoted the applicant to the permanent grade of major in the Regular Army.

3.  Department of the Army Special Orders promoted the applicant to the temporary grade of lieutenant colonel in the Army of the United States.

4.  Records show the applicant's completion of a Masters Degree program in Hospital Administration at Baylor University in 1964 was properly documented in her personnel file.

5.  At the time of her separation from active duty and subsequent placement on the retired list, the applicant was an other than Regular Army officer serving in the Army of the United States in the grade of lieutenant colonel.

6.  Records show the applicant was considered, but not selected for permanent promotion to the grade of lieutenant colonel in the Regular Army.  Based upon the fact that the applicant was not successfully permanently promoted to the grade of lieutenant colonel as a member of the Regular Army, there is no basis to grant the relief requested.

7.  Records show that applicant's DD Form 214 was prepared in compliance with Army Regulation 635-5 (Separation Documents), in effect at the time and correctly shows her temporary grade as lieutenant colonel and permanent grade as major.

8.  Based on all of the foregoing, the applicant's records are correct as currently constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LDS _  __LCP __  __JRH __  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
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.