BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090014601 


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 correction of her military records to show that she was retired in the rank of lieutenant colonel, pay grade O-5.

2.  The applicant states that she was selected for promotion to lieutenant colonel, pay grade O-5 but was not given her promotion.  She feels this is an injustice.

3.  The applicant provides, in support of her application, copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), summary of retirement points, DD Form 363A (Certificate of Retirement), retirement orders, Memorandum, subject: Selection for Promotion with attached Disposition Form and two DA Forms 4700 (Medical Record - Supplemental Medical Data), and mobilization orders.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant's records be corrected to show she was promoted and retired as a lieutenant colonel, pay grade O-5.

2.  Counsel states that the applicant was selected for promotion to lieutenant colonel in 1988, but was retired as a major, pay grade O-4 in 2000.

3.  Counsel provides no additional documents in support of the applicant's application.


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  At the time of her application, the applicant was a retired major, United States Army Reserve.

3.  On 3 June 1982, the applicant was promoted to major, pay grade O-4.

4.  The applicant's available records contain few documents dated later than 1983.

5.  The applicant provided a DA Form 4700, dated 15 July 1985, showing she was not in compliance with Army weight standards.  At the time she had exceeded her maximum allowed weight of 158 pounds.  The accompanying Disposition Form indicated that she weighed 160 pounds and she had a body fat content of 35 percent.  There is no evidence that a medical disorder contributed to her being overweight.  She was fit for participation in a weight control program.  There is no additional documentation in the available records showing the applicant's progress in the weight control program.

6.  Orders C-02-005563, United States Army Reserve Personnel Command, dated 5 February 1988, mobilized the applicant to active duty for assignment as the Assistant Division Chief, U.S. Army Enlisted Records Center, Fort Benjamin Harrison, Indiana.

7.  A memorandum from the Chief, Office of Promotions, Reserve Components, U.S. Total Army Personnel Agency, St. Louis, Missouri, dated 24 October 1988, notified the applicant that she had been selected for promotion to lieutenant colonel, pay grade O-5 with a promotion eligibility date (PED) of 2 June 1989.  The memorandum further stated that her promotion was contingent upon her remaining in an active status, being medically qualified, and completing the Command and General Staff Course or its equivalent, within 3 years of her PED.
8.  An ARPC Form 249-3 (Chronological Record of Military Service) dated 
12 January 2005, shows that effective 4 June 1991, the applicant had completed 20 qualifying years for a non-regular retirement, and had remained in an active status until 4 June 1993.  On 17 January 2000, she was transferred to the Retired Reserve.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides the policy for selecting and promoting commissioned officers of the U.S. Army Reserve.  Promotion eligibility for lieutenant colonel, pay grade O-5, requires the officer to remain in an active status, to be medically qualified for retention, and to complete the Command and General Staff Course or its equivalent within 3 years of the promotion effective date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should have been promoted to lieutenant colonel, pay grade O-5, and subsequently retired in that grade.

2.  The available evidence shows the applicant was selected for promotion to lieutenant colonel, pay grade O-5, with a promotion eligibility date of 2 June 1989.  However, there is no evidence that shows she met and/or retained all of the eligibility criteria to qualify for promotion.  Neither is there evidence to show the applicant questioned her failure to be promoted in a timely manner.

3.  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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x______  __x___  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.




      _______ _   _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)                                         AR20090014601



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ABCMR Record of Proceedings (cont)                                         AR20090014601



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