Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080007991
Original file (20080007991.txt) Auto-classification: Approved

	IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080007991 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


CONSIDERATION OF ADDITIONAL EVIDENCE:

19.  On 18 May 2008 new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014542, dated 18 July 2007.

20.  The evidence submitted consists of a notification from the Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay, advising the applicant that his advancement to colonel (COL)/O-6 on the retired list cannot be accomplished due to military regulations requiring him to hold the rank of COL/O6 for a period of 3 years in order to be paid at the rank for retired pay.  The ABCMR's decision advanced him to COL/O-6 for only 1 day on 28 February 2006 prior to retirement.

21.  The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers. The law became effective 1 October 1996.  ROPMA provides that officers intending to retire in the grades of lieutenant colonel and above must serve satisfactorily in an active status for a minimum of 3 years to retire in that grade.  The only exception is if they are involuntarily separated under a non-discretionary provision of law because of having attained their mandatory retirement date (MRD) for reason of age or years of commissioned service.  In that case, they must have satisfactorily served a minimum of 6 months time-in-grade on the Reserve Active Status List in order to retire in that grade.


ADDITIONAL DISCUSSION AND CONCLUSIONS:

6.  At the time of the decision of the ABCMR in Docket Number AR20060014552, dated 18 July 2007, it was the intent of the ABCMR to make the applicantÂ’s record as administratively correct as it should properly have been at the time.

7.  The ABCMR's decision in Docket Number AR20060014552 failed to include a waiver of time in grade for a period of 3 years in order for him to be paid as a COL/O6 as his retired pay grade.  

8.  Given the above, as a matter of equity, the applicant should be granted a waiver of time in grade for a period of 3 years. 

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

3.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20060014542, dated 18 July 2007, by granting him a waiver of the time in grade for a period of 3 years and, in the granting of this waiver, showing he was promoted to COL/O-6 effective 28 February 2006, with entitlement to payment for the difference in pay and allowances between the ranks of lieutenant colonel and colonel from 28 February 2006 to the present. 




							XXX
       _    _______  ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080007991



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007991



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100015738

    Original file (20100015738.txt) Auto-classification: Denied

    He provides: * Self-authored statement, dated 13 May 2010 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2006 * Orders promoting him to COL, dated 13 February 2006 * JROTC Instructor Pay Worksheet * Army JROTC Instructor Monthly Statement * Sworn statement from the former commander of Human Resources Command (HRC) – St. Louis, MO, dated 25 March 2010 * Letter from the Office of the Deputy Chief of Staff, G-1, dated 20 November...

  • ARMY | BCMR | CY2013 | 20130008580

    Original file (20130008580.txt) Auto-classification: Approved

    Military Personnel Records and advisory opinions (if any). The applicant requests, in effect, correction of her military records to show at the time of retirement her rank/grade was colonel (COL)/O-6 vice lieutenant colonel (LTC)/O5. Since she did not serve in the grade of COL for 3 years in an active status, she is not entitled to the benefits associated with that promotion.

  • ARMY | BCMR | CY2008 | 20080005854

    Original file (20080005854.txt) Auto-classification: Denied

    The applicant states, in effect, that he was released from Active Guard Reserve (AGR) status as a lieutenant colonel (LTC)/O-5 after 20 years of active Federal service effective 15 September 2002. He was promoted to COL on 27 October 2004 and served more than 3 years as a Reserve Officer while at the same time serving as a full-time technician. He served for a period of 10 months on active duty after his promotion to COL/O-6.

  • ARMY | BCMR | CY2009 | 20090005740

    Original file (20090005740.txt) Auto-classification: Denied

    The authorities at the National Guard Bureau assumed the applicant was requesting to change his date of rank on all Army records and referred him to the Army Board for Correction of Military Records (ABCMR) in order to seek relief. The Personnel Division contacted the Minnesota Army National Guard who, in turn, amended the applicant's State promotion orders to show his effective date of promotion as 12 January 2007 and his DOR as 31 August 2004. Evidence shows the applicant's retirement...

  • ARMY | BCMR | CY2008 | 20080001732

    Original file (20080001732.txt) Auto-classification: Denied

    The applicant states, in his new application, that an officer selected for promotion must: (1) be promoted; (2) transferred to the IRR and be promoted; or (3) retired and promoted per AR 135-155, paragraph 4-18(b). Orders, dated 18 October 1994, retired the applicant from active service effective 31 January 1995 under the provisions of Title 10, U. S. Code, section 3911 and placed him on the Retired List the following day in the rank and grade of LTC, O-5 with 22 years and 8 days of AFS. ...

  • ARMY | BCMR | CY2013 | 20130007851

    Original file (20130007851.txt) Auto-classification: Denied

    Orders 04-148-00004, dated 27 May 2004, show he was released from active duty on 1 July 2004 by reason of obtaining the maximum authorized years of service and transferred to the Retired Reserve. The official states that in accordance with Title 10, section 628, an officer selected for promotion by an SSB will have the same date of rank and the same effective date for pay as he would have had if he had been recommended for promotion by the board which should have considered him. Therefore,...

  • ARMY | BCMR | CY2007 | 20070013015

    Original file (20070013015.txt) Auto-classification: Denied

    The applicant requests constructive service credit for completion of 4 years of dental school. The applicant accepted appointment as a First Lieutenant, DC on 26 July 1979 and entered on active duty on 1 August 1979 with 4 years of constructive service credit awarded prior to 15 September 1981. 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.

  • ARMY | BCMR | CY2010 | 20100014403

    Original file (20100014403.txt) Auto-classification: Approved

    Because his DOR to MAJ was not annotated on the order announcing Federal recognition, he did not appear before the LTC selection board until 2005 and he was selected for promotion with an effective date of 18 January 2006. c. Because of the error in his DOR for MAJ, his DOR for LTC is also incorrect and should be 30 June 2004. The official noted that his DOR to MAJ was corrected by NGB Special Orders Number 177 AR (Extract) to reflect his maximum time in grade (TIG) as a CPT as required by...

  • ARMY | BCMR | CY2011 | 20110004987

    Original file (20110004987.txt) Auto-classification: Approved

    He states: * he was selected for promotion to COL during a Special Selection Board (SSB) for reconsideration * his promotion was verified by Presidential Nomination PN2011-01-109, dated 29 September 2006 * the Senate confirmation was not completed prior to his retirement on 1 June 2006 * he was never notified of his selection for promotion to COL 3. He provided the Presidential Nominations, 109th Congress (2005-2006), PN2011-109, which listed 15 officers nominated for appointment to the...

  • ARMY | BCMR | CY2006 | 20060017127

    Original file (20060017127.txt) Auto-classification: Denied

    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. On 12 April 2005, the applicant submitted a request for an exception to policy to retire as a colonel, pay grade O6. The evidence clearly shows that the applicant requested a voluntary retirement for length of service...