IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130017473
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, the daughter of a deceased former service member (FSM), requests:
a. her late father's retired grade be changed from lieutenant colonel (LTC) to colonel (COL);
b. his retired pay be adjusted accordingly; and
c. paying arrears to his estate.
2. The applicant states:
a. her father was appointed as a second lieutenant on 28 May 1938. He entered active service on 7 February 1941 where he remained until 16 February 1946, reverting to the Officers Reserve Corps (ORC).
b. on 29 April 1947, he was appointed a captain in the South Carolina Army National Guard (SCARNG). He was relieved from his active ARNG status on
27 June 1966 and placed on the retired list and promoted to COL effective
28 June 1966.
c. his retired pay was based on the rank of LTC, not COL.
3. The applicant provides:
* Letter of qualification for retirement pay, dated 18 November 1975
* General Orders Number 120 issued by Office of the Adjutant General, State of South Carolina Military Department, Retirement and Promotion, dated 23 June 1966
* Certificate of Retirement
* WD AGO Form 100 (Separation Qualification Record)
CONSIDERATION OF EVIDENCE:
1. The FSM was born on 18 December 1915. His DD Form 108 (Application for Retired Pay Benefits), dated 28 July 1975, shows he served in the:
* ORC in the rank of second lieutenant from 28 May 1938 to 6 February 1941
* Army of the United States (AUS) in the rank of major from 7 February 1941 to 16 February 1946
* ORC in the rank of major from 17 February 1946 to 28 April 1947
* ARNG in the rank of captain from 29 April 1947 to 30 June 1949
* ARNG in the rank of LTC from 1 July 1949 to 27 June 1966
2. General Orders Number 120, State of South Carolina Military Department, dated 23 June 1966, shows that upon his own request due to attainment of maximum years of service the FSM was relieved from his active ARNG status on 27 June 1966, he was placed upon the retired list of the SCARNG, and was promoted to the grade of COL effective 28 June 1966.
3. Item 8 (Highest Grade Attained) of his DA Form 3713 (Data for Retired Pay), dated 20 November 1975, shows the entry "O-5" (LTC).
4. He was placed on the AUS retired list in the rank of LTC effective 18 December 1975.
5. There is no evidence of record that shows the FSM served in an active status in the rank of COL.
6. The FSM died on 1 September 2013 at the age of 97.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, there is no evidence and the applicant provides no evidence that shows the FSM served in an active status in the rank of COL or that he was promoted to COL in a Federal status. The FSM's DA Form 3713, dated 1975, shows the highest grade he attained was LTC.
2. It appears the SCARNG honorarily promoted him when they placed on the retired list of the SCARNG.
3. Regrettably, there is insufficient evidence on which to base granting the requested relief.
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) AR20130017473
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ABCMR Record of Proceedings (cont) AR20130017473
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