RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070004353 


	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.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 her military records to adjust her mandatory retirement date (MRD).  The applicant requests to personally appear before the Board.

2.  The applicant states, in effect, that she was transferred to the Retired Reserve in 1998 due to non-select for promotion to lieutenant colonel, even though she only had 15 qualifying years for retirement.  On 27 March 2006, a Department of the Army Standby Advisory Board (DASAB) convened and selected her for promotion to lieutenant colonel.  She was promoted with a date of rank of 
14 March 1997.  However, she was not allowed to continue in the Reserve or to train for points.  She volunteered several times for the opportunity to earn additional points for retirement but was denied until just recently.  She was mobilized on 13 August 2006 for a 1-year tour.  The applicant further states that her career was ruined because she was placed in the Retired Reserve and her MRD has since passed.

3.  The applicant provides copies of her assignment orders to the Retired Reserve and lieutenant colonel promotion orders.

CONSIDERATION OF EVIDENCE:

1.  At the time of application, the applicant was serving on active duty in the United Stares Army Reserve as a major, pay grade O-4.

2.  In a 6 January 1997 memorandum the applicant was informed that she had been considered and non-selected for promotion a second time.  This memorandum further stated that as a result of her non-selection, she would be discharged unless she was eligible for and requested transfer to the Retired Reserve, or if she had a remaining service obligation, or had 18 to 20 years of qualifying Federal service.   The applicant was subsequently transferred to the Retired Reserve.

3.  Orders C-01-800794, United States Army Reserve Personnel Command, dated 8 January 1998, immediately reassigned the applicant to the Retired Reserve.

4.  On 27 March 2006, a DASAB considered and recommended the applicant for promotion to lieutenant colonel, pay grade O-5, with a date of rank of 14 March 1997.   

5.  On 13 August 2006, the applicant was ordered to active duty as a major, United States Army Reserve.  

6.    On 28 August 2007, the applicant was released from active duty.  Her characterization of service was honorable.  She had completed 1 year and 16 days of active duty during this period of service and had completed a total of 
30 years, 9 months, and 12 days of prior active and inactive service.

7.  Orders B-09-706298, United States Army Human Resources Command, St. Louis, Missouri, dated 5 September 2007, promoted the applicant to lieutenant colonel in the USAR Control Group (Reinforcement) with a date of rank and effective date of 14 March 1997.

8.  Orders M-09-702158, United States Army Human Resources Command, St. Louis, Missouri, dated 17 September 2007, and as amended on 28 February 2008, ordered the applicant to active duty in retired status for a period not to exceed 1 year.

9.   On 5 November 2007, the applicant elected to remain in the Individual Ready Reserve and acknowledged that she would be subject to mobilization.

10.  In processing this case, an advisory opinion was obtained from the Chief, Special Actions, United States Army Human Resources Command, St. Louis, Missouri, dated 26 November 2007.  It stated that the applicant was non-selected for lieutenant colonel by the 1995 and 1996 Lieutenant Colonel Department of the Army Reserve Components Selection Boards, but was reconsidered and selected by a special selection board under the 1996 promotion criteria.  She was ordered to active duty in the Retired Reserves on 13 August 2006 for a period of 1 year.  She was also placed in the United States Army Reserve Control Group to be promoted.  She then had to be placed back in the Retired Reserves. 

11.  On 4 January 2008, another advisory opinion was provided by the Human Resource Specialist, Transition and Separations Branch, United States Army Human Resources Command.  It states that Title 10, United States Code, section 14507, specifies that the maximum time an officer in the rank of lieutenant colonel may serve in an active status is 28 years of commissioned service.  Removal from an active status is required on the first day of the next month.  That date for the applicant was 1 November 2003.  The time the applicant spent in the Retired Reserve cannot be excluded from her time as a commissioned officer under the provisions of section 14706 of the same Title.  It further stated that the MRD could not be adjusted and that the applicant's transfer to the Retired Reserve is valid and should not be revoked. 

12.  On 8 March 2008, the applicant responded to the advisory opinion, stating that she did not agree with the recommendations put forth in the advisory opinion.  She contends that she was illegally transferred to the Retired Reserve, and asks about her time spent in the Retired Reserve.  She further contends that since her promotion to lieutenant colonel was retroactive to 14 March 1997, she missed three considerations for promotion to colonel; and asks, "What about them?"  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.  

2.  The evidence clearly shows that the applicant has completed over 30 years of Federal commissioned service.

3.  Title 10, United States Code, section 14507 provides that officers in the rank of lieutenant colonel, pay grade O-5 may not serve in an active status for more than 28 years of commissioned service.

4.  The applicant has not provided any convincing evidence to substantiate her contention that she was illegally placed in the Retired Reserve.

5.  In view of the above, the applicant's request to extend her MRD should be denied. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ PHM __  __KSJ__  ___JGH _  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.





      _      _          PHM                    __
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070004353



5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508