Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080015394
Original file (20080015394.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080015394 


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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show he retired in the rank of brigadier general (BG), pay grade O-7, instead of the rank of colonel, pay grade O-6.  

2.  The applicant states, in effect, that he is currently an Active Guard Reserve retiree (colonel) and he wishes to have his records corrected to show his highest rank held as that of BG in order to receive retired pay as a BG upon reaching age 60.  

3.  In support of his application, the applicant provides copies of his Notification of Eligibility for Retired Pay memorandum, BG promotion orders, BG Federal Recognition orders, Washington Army National Guard (WAARNG) retirement orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), and DD Form 215 (Correction to DD Form 214).  

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the WAARNG as a first lieutenant, on 8 May 1981, with prior enlisted and warrant officer service.  

2.  The applicant was issued a Notification of Eligibility for Retired Pay memorandum on 18 May 1999.

3.  The applicant was promoted to colonel effective 7 July 1999.
4.  Office of The Adjutant General, WAARNG, Orders Number 079-004, dated 11 May 2004, were published promoting the applicant to BG effective 1 December 2003.  The orders also stated the applicant would not be paid as a BG until Federal Recognition was confirmed.

5.  National Guard Bureau, Special Order GO-182-01, dated 30 June 2004, was published extending the applicant Federal Recognition and promotion to the rank of BG effective 3 July 2004.

6.  Office of The Adjutant General, WAARNG, Orders Number 079-004, dated 19 March 2008, were published releasing the applicant from the WAARNG, in the retired rank of colonel, effective 30 June 2008, and placing him on the retired list effective 1 July 2008.

7.  The applicant was honorably separated from active duty, in the rank of colonel, on 30 June 2008, for sufficient service for retirement, and issued a DD Form 214.  He was credited with completing 20 years, 11 months, and 2 days of net active service.

8.  The applicant was issued a DD Form 215, dated 27 August 2008, correcting his rank to BG, his pay grade to O-7, and his effective date of rank to 3 July 2004.

9.  The applicant will reach the age of 60 on 24 February 2009.

10.  A staff member of the Retirements and Annuities Branch, Human Resources Command, St. Louis, Missouri verified that based on the applicant's serving satisfactorily in the rank of BG prior to retirement he was issued a DD Form 215 to correct his grade.  Since this was his highest grade satisfactorily held, he is entitled to retired pay in that grade.

11.  Title 10, United States Code, Section 13701(1)(d) specifies that a commissioned officer who retires under any provision of law may be retired in the highest grade in which they served on active duty satisfactorily as determined by the Secretary of the military department concerned, for not less than six months. A person who has completed at least six months of satisfactory service in grade and is transferred from an active status or discharged as a Reserve commissioned officer due to the provisions of law requiring that transfer or discharge due to the person's age or years of service may be credited with satisfactory service in the grade in which serving at the time of such transfer or discharge, notwithstanding failure of the person to complete three years of service in that grade.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was extended Federal recognition and promoted to BG effective 3 July 2004.  He was separated from active duty for sufficient service for retired pay effective 30 June 2008 and issued a DD Form 214.  On 19 March 2008, the WAARNG issued orders releasing the applicant from the Army National Guard (ARNG) in the retired rank of colonel with an effective date of 30 June 2008 and placing him on the retired list in that rank effective 1 July 2008.  On 27 August 2008, he was issued a DD Form 215 which corrected his rank to BG, pay grade O-7, and his effective date of rank to 3 July 2004.

2.  Based on the foregoing, the orders placing the applicant on the retired list in the rank of colonel should be voided and corrected by showing he retired in the highest rank that he held which was the rank of BG, pay grade O-7.  

3.  In view of the foregoing, the applicant’s WAARNG and Department of the Army records should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all state ARNG records of the individual concerned should be corrected by:

   a.  voiding Orders Number 079-004, dated 19 March 2008, releasing the applicant from the WAARNG in the retired rank of colonel, effective 30 June 2008 and placing him on the retired list effective 1 July 2008 and declaring them to be of no force or effect; and 

	b.  issuing new orders releasing him from the WAARNG in the retired rank and pay grade of BG, O-7, effective 30 June 2008 and placing him on the retired list in that rank effective 1 July 2008, for entitlement to retired pay in the rank and pay grade of BG, O-7.

2.  That the Defense Finance and Accounting Service audit the applicant's records and pay to him any monies due as a result of the above corrections.



      _______ _   __x_____   ___
               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)                                         AR20080015394



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080015394


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130010393

    Original file (20130010393.txt) Auto-classification: Denied

    The applicant requests correction of his military records by adjusting his promotion dates for brigadier general (BG) to on or about 30 July 2009 and for major general (MG) to on or about 7 August 2011. At the time of his application, the applicant was serving as TAG for the State of Maryland. The applicant contends, in effect, that his military records should be corrected by adjusting his promotion dates for BG to on or about 30 July 2009 and to MG to on or about 7 August 2011.

  • ARMY | BCMR | CY2011 | 20110008345

    Original file (20110008345.txt) Auto-classification: Denied

    Officers nominated to meet a General Officer Federal Recognition Board (GOFRB) may be nominated for one of two qualifications: * General Officer of the Line (GOL) - officers carrying a GOL qualification may serve in a variety of billets/positions, such as commander, chief of staff, and staff/command positions * Adjutant General Corps (AGC) - officers carrying an AGC qualification may only serve as TAG or AAG of a State National Guard 16. He requested the applicant be transferred to his...

  • ARMY | BCMR | CY2012 | 20120009484

    Original file (20120009484.txt) Auto-classification: Approved

    He also stated: * If the applicant's nomination had not been withheld, he would have been confirmed by the Senate for a COE on 22 December 2010 * He was not assigned to a BG position * NGB extended Federal recognition and promoted him on 1 July 2011 * MEB Commander billets are authorized as a COL billet when not deployed and as a BG billet when deployed * He was ordered to active duty as the Commander of the 26th MEB on 12 February 2011 * NGB recommends an adjustment date of rank effective...

  • ARMY | BCMR | CY2010 | 20100016930

    Original file (20100016930.txt) Auto-classification: Approved

    The applicant states he was eligible for promotion to MAJ as of 4 December 2006. The applicant provides: * self-authored statement * two pages of WAARNG Regulation 600-100 * four pages of email * Letter from Department of the Army (DA), U.S. Army Human Resources Command, St. Louis, MO (HRC-STL) * WAARNG memorandum of request for Army Board of Correction for Military Records (ABCMR) * WAARNG memorandum for record * National Guard Bureau (NGB) Special Orders 186 AR * WAARNG promotion orders...

  • ARMY | BCMR | CY2012 | 20120021805

    Original file (20120021805.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as brigadier general (BG) in lieu of colonel (COL) and to show award of the Distinguished Service Medal in lieu of the Defense Superior Service Medal. Therefore, his DD Form 214 correctly shows his rank and grade as of the date of his release from active duty and no action is warranted. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and...

  • ARMY | BCMR | CY2014 | 20140006076

    Original file (20140006076.txt) Auto-classification: Denied

    The advisory official's key points of emphasis include – * the NEARNG requested a determination by the AGDRB of the highest grade satisfactorily served by the applicant * the AGDRB determined the applicant's service in the grade of COL was unsatisfactory based on the fact that the applicant was relieved from brigade command * the applicant received selection of eligibility for promotion to BG (O-7) on 5 August 2010; however, he did not serve as a BG and could not meet the statutory TIG...

  • ARMY | BCMR | CY2009 | 20090006303

    Original file (20090006303.txt) Auto-classification: Denied

    In 2004, the applicant's records were considered by a GOFRB for promotion to the grade of BG. In June 2006, the applicant was again considered for promotion by a GOFRB for promotion to BG with substantiated adverse information. The opinion continued that were it not for the substantiated adverse information, the applicant would have received Senate confirmation much earlier and his date of rank would have been no later than the date of rank he requested from the Army Board for Correction...

  • ARMY | BCMR | CY2012 | 20120021462

    Original file (20120021462.txt) Auto-classification: Denied

    The corrected copy of the orders in his record shows, effective 31 January 1998, the applicant was retired from active service and released from assignment and duty. * before a promotion could be secured, he was retired on 31 January 1998 because he had attained 20 years of active Federal service as a commissioned officer * at the time of his retirement, he had 7 and 1/2 months remaining on his Certificate of Eligibility * he was unaware of any recourse until he read Title 10, U.S. Code,...

  • ARMY | BCMR | CY2013 | 20130012486

    Original file (20130012486.txt) Auto-classification: Denied

    JFHQ - NY, NYARNG, Latham, NY, Orders 130-0002, dated 10 May 2013, announced the applicant's retirement from active duty effective 30 June 2013 and placement on the retired list in the rank of LTC (O-5) effective 1 July 2013. The applicant and his counsel contend that the applicant's records should be corrected to show he was involuntarily retired in the rank of COL (O-6) because he was not fully informed by NYARNG senior leadership or SMEs of the issues related to his redeployment that...

  • ARMY | BCMR | CY2011 | 20110018033

    Original file (20110018033.txt) Auto-classification: Denied

    The applicant provides: * Promotion to BG Memorandum, dated 10 February 2000 * Letter to the U.S. Army Reserve Personnel Command * Orders 046-013, retirement orders * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD Form 108 (Application for Retired Pay Benefits) CONSIDERATION OF EVIDENCE: 1. The applicant states he was promoted to BG/07 on 10 February 2000 and that his retirement order reflects his rank as BG. He requests his DA Form 2339, Application...