BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110008434 


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 his eligibility for promotion to colonel (COL)/O-6 be restored by rescinding Orders C-09-012805, dated 7 September 2010, placing him in the Retired Reserve effective 1 January 2011.

2.  He states:

* Congress approved the O-6 promotion list on 22 December 2010
* he was eligible for promotion on that date and he was assigned as an Individual Mobilization Augmentee
* orders were published reassigning him to the Retired Reserve effective 1 January 2011
* he requested a status that would have ensured his promotion after confirmation of his promotion eligibility
* U.S. Army Human Resources Command (AHRC) generated orders that reassigned him to the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) effective 4 January 2011, 3 days after orders assigning him to the Retired Reserve
* his transfer to the Retired Reserve caused him to be ineligible for promotion to COL

3.  He provides:

* two email messages
* Fiscal Year (FY) 2010 COL Reserve Component (RC) Army Promotion List (APL)
* orders reassigning him to the Retired Reserve and to the USAR Control Group (Reinforcement)

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 20 March 1960.  He was appointed as a second lieutenant in the Regular Army on 27 November 1982 and he was ordered to active duty on 6 December 1982.

2.  He continued to serve on active duty until he was discharged on 30 June 1997.  On the following day, he was transferred to the USAR Control Group (Reinforcement).

3.  He was appointed in the Army National Guard in the rank of major on 12 July 1997.  He was separated from the Army National Guard on 6 January 2000 and he was transferred to a USAR troop program unit.

4.  He was promoted to lieutenant colonel (LTC) on 1 April 2001.

5.  The applicant's Notification of Eligibility for Retired Pay at Age 60 (20-year letter) is dated 7 January 2004.

6.  His service record does not contain any evidence that indicates he elected to be transferred to the Retired Reserve.

7.  His service record contains the following pertinent assignment orders.

	a.  AHRC Orders C-03-708355, dated 16 March 2007, released him from the USAR Control Group (Annual Training) and reassigned him to the USAR Control Group (Reinforcement) effective 16 March 2007.

	b.  AHRC Orders C-12-732435, dated 10 December 2007, released him from the USAR Control Group (Reinforcement) and reassigned him to the U.S. Army Engineer Transatlantic Programs Center as an Individual Mobilization Augmentee effective 10 December 2007.

8.  AHRC Orders C-09-012805, dated 7 September 2010, released him from the U.S. Army Engineer Transatlantic Programs Center in the rank of LTC and reassigned him to the Retired Reserve effective 1 January 2011 by reason of completion of maximum authorized years of service (28 years).

9.  The FY10 COL RC APL was released on 19 October 2010.  It includes the applicant's name.

10.  He provides an email, dated 22 December 2010, which shows he informed his assignment officer that he was recently selected for promotion and requested that his mandatory retirement action be reversed.

11.  AHRC Orders C-01-100121, dated 4 January 2011, show he was released from the Retired Reserve and was reassigned to the USAR Control Group (Reinforcement) effective 4 January 2011.

12.  AHRC Orders C-03-103424, dated 4 March 2011, show he was released from the USAR Control Group (Reinforcement) and was reassigned to the U.S. Army Engineer Division Transatlantic as an Individual Mobilization Augmentee effective 4 March 2011.

13.  AHRC Orders C-04-106248, dated 27 April 2011, show he was released from the U.S. Army Engineer Division Transatlantic and was reassigned to the Retired Reserve effective 1 May 2011 by reason of completion of maximum authorized years of service.

14.  Title 10, U.S. Code, section 14507, provides for removal from the Reserve Active Status List (RASL) for years of service for Reserve LTC's and COL's of the Army, Air Force, and Marine Corps and Reserve commanders and captains of the Navy.  This section of the law states that unless continued on the RASL under section 14701 or 14701 or 14702 of this title or retained as provided for in section 12646 or 12686 of this title, each Reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of LTC or commander and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the RASL) be removed from that list under section 14514 of this title on the first day of the month after the month in which the officer completes 28 years of commissioned service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully considered and were found to have merit.

2.  The applicant was considered and selected for promotion to COL by the FY10 COL RC APL.  The promotion list was released on 19 October 2010.  Based on the applicant's statement, Congress approved the O-6 promotion list on 22 December 2010.

3.  His service record is void of evidence which indicates he requested to be transferred to the Retired Reserve.

4.  Title 10, U.S. Code, section 14507, provides that an LTC selected for promotion to the next higher grade may be retained beyond 28 years of commissioned service.

5.  However, AHRC published Orders C-09-012805, dated 7 September 2010, which released him from his unit and reassigned him to the Retired Reserve effective 1 January 2011.

6.  On 4 January 2011, AHRC published orders reassigning him to the USAR Control Group (Reinforcement) effective 4 January 2011.  However, that was too late to reinstate his promotable status due to his reassignment to the Retired Reserve.

7.  It appears an error occurred regarding the applicant's transfer to the Retired Reserve.  As a matter of equity, it would be appropriate to correct his records by revoking:

* AHRC Orders C-09-012805, dated 7 September 2010, reassigning him to the Retired Reserve effective 1 January 2011
* AHRC Orders C-01-100121, dated 4 January 2011, releasing him from the Retired Reserve and reassigning him to the USAR Control Group (Reinforcement) effective 4 January 2011

BOARD VOTE:

___x_____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  revoking AHRC Orders C-09-012805, dated 7 September 2010, reassigning him to the Retired Reserve effective 1 January 2011;

	b.  revoking AHRC Orders C-01-100121, dated 4 January 2011, releasing him from the Retired Reserve and reassigning him to the USAR Control Group (Reinforcement) effective 4 January 2011;

	c.  revoking AHRC Orders C-03-103424, dated 4 March 2011;

	d.  revoking AHRC Orders C-04-106248, dated 27 April 2011;

	e.  publishing orders releasing him from the U.S. Army Engineer Transatlantic Programs Center and reassigning him to the USAR Control Group (Reinforcement) effective 1 January 2011;

	f.  reinstating his promotable status to COL and promoting him in a timely manner; and

	g.  paying him any entitlements he is due as a result of these 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)                                         AR20110008434



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008434



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1