IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100009890
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 payment of retired pay at the highest grade (colonel) in which he satisfactorily served in the U.S. Army Reserve (USAR).
2. The applicant states that he was involuntarily retired due to age at the rank of colonel; however, he is being paid as a lieutenant colonel (LTC) because he was unable to serve the required lock-in period. He further states that he had requested a mandatory removal date (MRD) extension which was favorably recommended by the MRD board but final action never occurred. As a result he was retired in the rank of colonel with pay as a lieutenant colonel.
3. The applicant provides:
* A copy of his retirement orders
* A copy of email messages regarding his MRD extension
* A copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 February 2006
* A copy of his ARPC Form 249-E (Chronological Statement of Retirement Points)
* A copy of his promotion orders to colonel
* Copies of his DA Forms 67-9 (Officer Evaluation Reports (OER)) for the period ending 25 August 2007, 25 August 2008 and 25 August 2009
* A copy of his 20-year letter
* A copy of his MRD request
* A copy of his DA Form 705 (Army Physical Fitness Test Scorecard)
* A copy of his DA Form 5500 (Body Fat Content Worksheet (Male))
* A copy of his Standard Form 507 (Functional Capacity Certificate)
* A copy of his DA Form 3349 (Physical Profile)
* A copy of his reassignment orders
* A copy of a mobilization order
* A copy of his Officer Record Brief (ORB)
* A copy of a Meritorious Service Medal certificate
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 11 November 1949 and was appointed as a USAR warrant officer one (WO1) and a physicians assistant in 1981. He continued to serve, received his 20-year letter on 27 June 2001, and was promoted through the ranks to the rank of LTC on 24 October 2004.
2. On 6 March 2009, at the age of 59 years and 4 months, he submitted a request for extension of his MRD to the Commander, Human Resources Command, St. Louis, MO (HRC-STL).
3. On 19 June 2009, the applicant was promoted to the rank of colonel and in July 2009, his request for an MRD extension was boarded by HRC officials with a recommendation to extend his MRD until 1 December 2010. The recommendation was forwarded to The Adjutant General Directorate, West (TAG-D West), the approval authority for final action.
4. On 2 September 2009, orders were published which directed that the applicant be placed on the Retired List in the rank of Colonel, effective 11 November 2009. He had served 4 months and 23 days in grade as a colonel.
5. Meanwhile, the applicant submitted his request for retired pay benefits. Officials at TAG-D West determined that since his request for retired pay benefits had been acted on by the Defense Finance and Accounting Service (DFAS), he was no longer eligible for an MRD extension and closed his request without further action.
6. On 13 November 2009, the applicant contacted officials at HRC-STL and requested that the system be corrected to show him as retired.
7. Title 10, U.S. Code, section 1370 provides, in pertinent part, that unless entitled to a higher grade, or to credit for satisfactory service in a higher grade
under some other provision of law, a Reserve officer who is entitled to retired pay under Title 10, U.S. Code, chapter 1225, will be credited with satisfactory service in the highest grade in which that person served as determined by the Secretary concerned. In order to be credited with satisfactory service in an officer rank above the rank of major, an officer who has completed at least 6 months of satisfactory service in grade and is transferred from an active status or discharged as a Reserve commissioned officer solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the persons age or years of service may be credited with satisfactory service in the grade in which serving at the time of transfer or discharge.
DISCUSSION AND CONCLUSIONS:
1. While it is indeed unfortunate that the applicant was promoted so close to his MRD, once he initiated his request for retired pay, he was no longer eligible to receive an extension of his MRD, regardless of whether he was promoted or not. Accordingly, no final action was taken on his request for an MRD extension.
2. While he was retired in the rank of colonel, he did not serve the required 6 months in grade and thus is being paid in the rank of lieutenant colonel, the highest grade in which he successfully served.
3. Accordingly, there appears to be no error or injustice in the applicants case since his actions to initiate retirement essentially cancelled out his request for an extension.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. 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.
ABCMR Record of Proceedings (cont) AR20100009890
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ABCMR Record of Proceedings (cont) AR20100009890
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