BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090013811
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, that his military records be corrected to show that he was promoted to the rank of colonel (COL) on 3 May 2006, that all documents be corrected to reflect his rank from that date, and that he be paid all back pay and allowances from that date.
2. The applicant states, in effect, that he was released from active duty (REFRAD) on 30 September 2008 in the rank of lieutenant colonel (LTC) and he was placed on the Retired List effective 2 October 2008. However, he was subsequently promoted to the rank of COL effective 3 May 2006 and he desires his records to reflect that rank since 2006 and to be paid all back pay and allowances.
3. The applicant provides a copy of his promotion orders, retirement orders, a copy of his chronological statement of retirement points, and a copy of his Certificate of Retirement.
CONSIDERATION OF EVIDENCE:
1. The applicant was promoted to the rank of LTC on 3 May 2000 and he was last ordered to active duty on 3 May 2003. He served on active duty until his mandatory retirement date of 30 September 2008, when he was released from active duty in the rank of LTC.
2. On 26 March 2009, orders were published which placed him on the Retired List effective 2 October 2008. He was issued a Certificate of Retirement in the rank of LTC.
3. On 6 August 2009, orders were published which promoted the applicant to the rank of COL effective and with a date of rank of 3 May 2006.
4. On 28 October 2009, the applicants retirement orders were amended to reflect that he was placed on the Retired List in the rank of COL.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to the rank of COL subsequent to his placement on the Retired List. He was promoted with an effective date of 3 May 2006; therefore, he is entitled to correction of his DD Form 214 for the period ending
30 September 2008 to reflect his rank/grade as COL/O-6 and his effective date of pay grade as 3 May 2006.
2. Additionally, he is also entitled to all back pay and allowances due as a result of his promotion to the rank of COL.
3. While it is not feasible to correct many of the documents in his records such as evaluation reports and automated records that are no longer active, the applicant should be issued a new Certificate of Retirement in the rank of COL.
4. The applicants Army Knowledge Online (AKO) account should also be updated as allowable and his Retired Pay account should be adjusted accordingly.
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 Department of the Army records of the individual concerned be corrected by:
a. showing that he was REFRAD on 30 September 2008 in the rank/grade of COL/O-6 with an effective date of pay grade of 3 May 2006 and entitlement to all back pay and allowances;
b. issuing the applicant a new Certificate of Retirement in the rank of COL; and
c. correcting his AKO and Retired Pay accounts accordingly.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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.
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