IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100000125
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 that her records be corrected to show she was assigned to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve, or IRR) from May 2003 to September 2007 and that she be credited with retirement points for that time.
2. The applicant states due to an error she was not promoted in 2003. However, she was reconsidered for promotion and selected by a Special Selection Board (SSB).
3. The applicant does not provide any additional documents.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show she was commissioned in the USAR as a 2nd lieutenant on 2 May 1997 with 3 years of prior enlisted service in the USAR. Only 1 year of the applicant's prior enlisted service was qualifying for retired pay (she earned 50 or more retirement points).
2. The applicant was assigned from the IRR to a troop program unit (TPU). However, she was involuntarily transferred back to the IRR on 10 January 2000 as a "no show" (she didn't report to the unit for duty).
3. On 17 April 2003, the applicant was informed she was considered but not selected for promotion to captain. She was informed since that was her second consideration for promotion, she was required to be discharged.
4. Accordingly, effective 1 October 2003, the applicant was honorably discharged. The applicant's retirement points summary shows she did not perform any duty while an officer.
5. On 27 September 2007, the applicant was commissioned as a 1st lieutenant in the USAR.
6. Effective 24 February 2009, the applicant was promoted to captain.
7. On 12 November 2009, the applicant was informed that she had been selected for promotion to captain by an SSB under the 2002 criteria.
8. Accordingly, the applicant's 24 February 2009 promotion to captain was revoked and she was promoted to captain effective 17 March 2003.
9. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-1, states that the maximum time in grade (TIG) for promotion to major is 7 years.
10. In the processing of this case an advisory opinion was obtained from the Human Resources Command St. Louis MO (HRC-STL). The advisory official chronicles the applicant's military career as an officer. HRC recommends the Army Board for Correction of Military Records (ABCMR) direct that her discharge as an officer be revoked, that her appointment in 2007 be revoked, and that she be awarded 15 retirement points a year for the time she had no military status. The applicant was provided a copy of the advisory opinion and given the opportunity to submit additional comments or evidence. She opted not to respond.
DISCUSSION AND CONCLUSIONS:
Based on:
a. the applicant's selection for promotion to captain by an SSB, it would be appropriate to revoke the orders discharging her from the USAR as a lieutenant;
b. the above revocation it would also be appropriate to show she was assigned to the IRR and earned 15 membership points a year from October 2003 to September 2007 (her records already reflect she was in the IRR from May until her 1 October 2003 discharge);
c. the applicant's total lack of participation in the IRR after her commission, there is no reason to believe she would have earned any retirement points other than membership points if she had not been discharged. Therefore, it would not be appropriate to award her retirement points beyond membership points; and
d. the applicant's promotion to captain on 17 March 2003, she should be considered by an SSB for promotion to major under the 2010 promotion criteria and, if selected, she should be given an effective date and date of rank which she would have been given if she had been selected by the regularly scheduled promotion board.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. revoking the orders discharging her from the USAR as a lieutenant;
b. showing was assigned to the IRR and earned 15 membership points a year from October 2003 to September 2007; and
c. Considering her for promotion to major under the 2010 promotion criteria by an SSB and, if selected, promoting her on the effective date she would have been promoted if she had been selected by the regularly scheduled promotion board.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting her any additional retirement points.
_______ _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) AR20100000125
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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