RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  2 October 2007
	DOCKET NUMBER:  AR20070005505 


	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. Mohammed. R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Ann M. Campbell

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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, correction of his records to allow early consideration for promotion to lieutenant colonel (LTC) based on the 2006 Reserve Component Selection Board (RCSB) promotion criteria. 

2.  The applicant states that the 14 months during the period 29 June 1989 through 27 August 1990 he spent in the Inactive (Individual) (sic) Ready Reserve (IRR) status was not counted toward his promotion to captain (CPT) or major (MAJ) even though he did not resign his Regular Army commission upon being honorably discharged on 29 June 1989.  

3.  The applicant provides the following documentary evidence in support of his application:

	a.  Self-authored memorandum, dated 9 April 2007, restating the purpose of his application.

	b.  DD Form 214 (Certificate of Release or Discharge from Active Duty) , dated 29 June 1989.

	c.  Chronological statement of retirement Points, dated 22 March 2007.

	d.  U.S. Total Army Personnel Command (PERSCOM) Orders D110-37, dated 8 June 1989, discharging the applicant from the Regular Army.

	e.  State of Georgia Orders Number 172-55, dated 28 August 1990, appointing the Applicant in the Georgia Army national Guard (GAARNG).

	f.  State of Georgia Memorandum, dated 14 July 1994, applicant's promotion to CPT.

	g.  Headquarters, U.S. Army Special Operations Command, Fort Bragg, North Carolina, Memorandum, dated 27 July 2001, applicant's promotion to MAJ. 

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the U.S. Navy, the applicant's records show that he was appointed as a 2nd lieutenant (2LT) in the U.S. Army Reserve (USAR) on 3 May 1987.

2.  On 13 June 1988, the applicant was involved in a motorcycle accident that was found to be in the line of duty and led to his separation from the USAR.  U.S. Total Army Personnel Command, Alexandria, Virginia, Orders D110-37, dated 8 June 1989, confirm that the applicant was discharged in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separations) effective 29 June 1989, with severance pay in the grade of 2LT.  The Orders further state that any temporary commissions or appointments held by the applicant were terminated. 

4.  The DD Form 214 the applicant was issued also confirms that he was honorably discharged in accordance with chapter 4 of Army Regulation 635-40 by reason of physical disability with severance pay.  The form further shows that the applicant was not transferred to the U.S. Army Reserve Control Group (Reinforcement) and that he was not placed in the Individual Ready Reserve.

5.  After a break in service during the period 30 June 1989 through 27 August 1990, the applicant was extended Federal Recognition as a 1st lieutenant (1LT) in the Georgia Army National Guard (GAARNG) on 28 August 1990.  

6.  Office of The Adjutant General, Atlanta, Georgia, Orders Number 172-55, dated 28 August 1990, show that the applicant was appointed in the Army National Guard as a Field Artillery 1LT.  His promotion service date to 1LT was established as 12 August 1990 and promotion eligibility date for captain (CPT) as 11 August 1994.

7.  Headquarters, U.S. Army Reserve Command, Atlanta, Georgia, Memorandum, dated 14 July 1994, announced the applicant's promotion to the grade of CPT effective 11 August 1994.  

8.  The applicant's records show that he was considered for promotion to major (MAJ) by the 2001 Reserve Component Selection Board (RCSB).  Those selected for promotion by the 2001 RCSB were confirmed on 27 June 2001. 

9.  Headquarters, U.S. Special Operations Command, Fort Bragg, North Carolina, Memorandum, dated 27 July 2001, announced the applicant's promotion to the grade of major (MAJ) effective 9 July 2001. 

10.  The applicant's records show that he would be eligible for promotion to lieutenant colonel (LTC) with 3 minimum years in the lower grade (9 July 2004) and 7 years maximum in the lower grade (9 July 2008).

11.  An advisory opinion was obtained in the processing of this case.  On 24 May 2007, the Chief, Special Actions Branch, U.S. Army Human Resources Command, St. Louis, Missouri, stated that the applicant was promoted to 1st lieutenant (1LT) on 29 June 1989 and was discharged by reason of physical disability with severance pay on 29 June 1989.  His discharge orders specifically stated that any temporary commissions or appointments were terminated.  Therefore he had no military status during the period 29 June 1989 to 28 August 1990 and that his date of rank had to be adjusted due to this break in service.

12.  The applicant acknowledged receipt of the advisory opinion on 6 September 2007 and submitted a rebuttal of the advisory opinion, stating that his discharge orders stated that temporary (not all) commissions or appointments were terminated upon discharge by reason of disability.  He further added that his commission and promotion were not temporary as he held a Regular Army commission at the time of his discharge and therefore should have been transferred to the IRR as a 1LT on 29 June 1989.

13.  Army Regulation 635-100 (Officer Personnel) provides policies and procedures for separating officers.  Paragraph 3-13 of this regulation states, in pertinent parts, that temporary appointments in the Army of the United States held by officers of the Army National Guard or U.S. Army Reserve are automatically terminated on release from active duty.  Additionally, an officer holding only a temporary appointment in the appointment in the Army of the United States will be released from active duty by discharge from the Army of the United States. 

14.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that mandatory selection boards will be convened each year to consider Reserve Component officers in an active status for promotion to captain through lieutenant colonel.  The regulation provides that in order to be qualified for promotion to lieutenant colonel an individual must have completed 50 percent of the CGSC, 7 years of time in grade (TIG) as a major before the convening date of the respective promotion board.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to allow early consideration for promotion to lieutenant colonel (LTC) based on the 2006 APL promotion criteria. 


2.  Evidence of record shows that the applicant was discharged on 29 June 1989 by reason of physical disability and was no longer holding a Regular Army commission.  After a break in service, the applicant was appointed in the GAARNG on 28 August 1990.

3.  The applicant's contentions have been noted; however, the applicant was discharged from active duty on 29 June 1989, thereby terminating his commissioned officer status.  He was neither transferred to the USAR Control Group (Reinforcement) nor was he eligible for transfer to the IRR in a commissioned status since his physical disability separation terminated any military status.  Upon his return to the Georgia Army National Guard on 28 August 1990, he was correctly re-commissioned and appointed in the GAARNG.

4.  In view of the foregoing, there is no basis for granting the applicant's request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__amc___  __lmd___  __jcr___  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.




							Ann M. Campbell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070005505
SUFFIX

RECON

DATE BOARDED
20071002
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
131.1100
2.

3.

4.

5.

6.