IN THE CASE OF:	  

		BOARD DATE:	 14 October 2014 

		DOCKET NUMBER:  AR20140000742 


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, in effect, reconsideration of his previous request for promotion to the rank/pay grade of colonel (COL)/O-6 and placement on the Retired List in that rank/pay grade.

2.  The applicant states, in effect, he is providing new evidence that was not previously considered by the Board.

3.  The applicant provides:

* copies of two historical photographs with captions and notations
* letter from a Senate representative, dated 4 December 2013
* self-authored timeline showing his record of civilian and military service (previously considered)
* civilian résumé
* Army Board for Correction of Military Records (ABCMR) Docket Number AR20130002560
* memorandum for promotion to the rank of lieutenant colonel (LTC), dated 28 October 1983
* mobilization designation (MOBDES) assignment memorandum, dated 19 November 1980 (previously considered)
* reassignment orders to a COL position, dated 26 March 1986 (previously considered)
* unit reassignment orders, dated 7 August 1979 (previously considered)
* self-authored active duty service list (previously considered)
* letters from Congressional and Senate representatives, dated 28 July 1980, 25 August 1986, 15 December 1986, and 17 August 1987 (previously considered)
* letter from the Secretary of Veterans Affairs, dated 8 January 1993 (previously considered)
* copies of photographs of himself
* Certificate of Retirement, dated 2 November 2001 (previously considered)
* Association of Military Surgeons of the United States Certificate, dated 1 October 2009
* letter from the Harvard Medical School, dated 18 August 1980
* letter from the New School for Social Research, dated 4 June 1991
* letter from the Veterans Administration, dated 27 August 1984
* invitation to the Sixty-Second Annual National Convention of The American Legion from 16-21 August 1980 as a distinguished guest
* letter from the Office of the Chief Medical Director, Department of Medicine and Surgery
* newspaper article
* Freedom Team Salute Certificate of Appreciation (previously considered)
* Meritorious Service Medal orders and transmittal letter, dated 28 March 1995 (previously considered)
* Reserve Officers Association Life Member Certificate, dated 3 July 1997
* 2000 Disabled American Veterans Commanders Club Certificate of Appreciation
* Cold War Certificate of Recognition
* U.S. Army Reserve Certificate of Appreciation, dated October 1980
* memorandum from Company A, 1st Battalion, 3rd Training Regiment (Basic), Fort Leonard Wood, MO, dated 17 December 1959
* fellowship acceptance letter from the American College of Hospital Administrators, dated 22 December 1983
* page 1 of a self-authored letter, dated 15 January 2013
* spiral-bound copy of extracts of his military service records

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130002560 on 17 October 2013.

2.  The applicant's records show:

* he was born on 2 November 1941
* he enlisted in the Army National Guard (ARNG) on 21 November 1958
* he was appointed as a commissioned officer in the ARNG on 21 November 1962
* he was appointed as a commissioned officer in the U.S. Army Reserve (USAR) on 21 November 1965

3.  Headquarters, U.S. Army Health Services Command, memorandum, dated 19 November 1980, subject:  MOBDES Assignment, states he was selected for assignment to a COL/O-6 position in area of concentration (AOC) 67 (Medical Service Corps (MSC)) as the executive officer of the Kirk U.S. Army Hospital.

4.  A USAR Components Personnel and Administration Center memorandum, dated 28 October 1983, subject:  Promotion as a Reserve Commissioned Officer of the Army under Title 10 of the U.S. Code, states he was promoted as a Reserve commissioned officer to the rank of LTC in the MSC effective 12 August 1983.

5.  USAR Personnel Center (ARPERCEN) orders, dated 26 March 1986, reassigned him to an Individual Mobilization Augmentee COL/O-6 position in the U.S. Army Medical Department Activity effective 19 March 1986.  These orders show his rank as LTC and his AOC as 67A (Health Care Administration).

6.  An ARPERCEN memorandum, dated 9 February 1994, subject:  Attainment of Maximum Service, stated his records indicated he completed this service and he must be discharged or retired by 4 February 1992.  He was informed that he could request transfer to the Retired Reserve or discharge and he was encouraged to elect transfer to the Retired Reserve to retain his commission.  The attached computation sheet showed his mandatory removal date was calculated as 4 February 1992.  He elected transfer to the Retired Reserve.  All documents associated with his notification and election of options show his rank as LTC.

7.  ARPERCEN Orders C-03-410321, dated 15 March 1994, released him from the USAR Control Group and assigned him to the Retired Reserve effective 15 March 1994.  These orders show his rank as LTC.

8.  His U.S. Army Reserve Personnel Command (AR-PERSCOM) Form 249-2-E (Chronological Statement or Retirement Points), dated 8 October 1999, shows he completed 33 years of qualifying service for retired pay at age 60.  This form shows his rank as LTC.

9.  AR-PERSCOM Orders P-08-304407, dated 11 August 2001, retired him and placed him on the Retired List in the rank of LTC effective 2 November 2001.

10.  On 2 November 2001, he reached age 60.

11.  On 17 October 2013, the ABCMR denied his request for promotion to the rank/pay grade of COL/O-6 and placement on the Retired List in that grade.  The ABCMR concluded that he did not provide sufficient evidence showing he was selected for promotion to COL in the USAR prior to his retirement in 1994.

12.  There is no evidence showing he was considered and selected for promotion to COL by any Reserve Components Promotion Selection Board prior to his transfer to the Retired Reserve in 1994.

13.  The applicant provided numerous certificates and correspondence recognizing and/or commending his military service.

14.  Army Regulation 135-155 (ARNG and USAR – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), in effect at the time, prescribed the policies and procedures for promotion of USAR and ARNG officers.

	a.  Paragraph 2-8 provided that selection boards would convene at the discretion of the Secretary of the Army for consideration for promotion to COL.

	b.  Paragraph 4-5 provided that a Reserve officer would be transferred to the Retired Reserve in the highest grade satisfactorily held.

	c.  Paragraph 4-9 provided that officers selected for promotion to the grade of COL required Senate confirmation.

15.  Army Regulation 140-10 (USAR – Assignments, Attachments, Details, and Transfers), in effect at the time, prescribed policies, criteria, and procedures for assignment, detail, removal, and transfer of members of the USAR.

	a.  Paragraph 2-25 provided that series 67 MSC officers may be mandatorily assigned to positions for which they are AOC qualified.  They may only volunteer for assignment to Army Promotion List (APL) positions, provided they can become branch qualified within 3 years.  They understand they are not eligible for unit vacancy promotion in the APL position until appointed in the APL branch.

	b.  Paragraph 7 stated that LTC's could not exceed 28 years of service or age 60 and COL's could not exceed 30 years of service or age 60 for separation of officers for maximum age and/or service.

16.  Title 10, U.S. Code, section 1370(a), states that unless entitled to a higher retired grade under some other provisions of law, a commissioned officer of the Army who retired under any provision of law other than chapter 61 or chapter 1223 of this title shall be retired in the highest grade in which he served on active duty satisfactorily for not less than 6 months as determined by the Secretary of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to the rank of LTC effective 30 September 1982.

2.  He held the rank of LTC on the date he retired from the USAR and he was placed on the Retired List in the rank of LTC effective 2 November 2001.

3.  His records show he held multiple COL-level positions while serving in the rank of LTC and he received numerous accolades for his performance.  However, there is no evidence of record and he did not provide evidence showing he was selected for promotion to the rank of COL in the USAR.  Selection for promotion would have also required Senate confirmation.

4.  In view of the foregoing, there is an insufficient evidentiary 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130002560, dated 17 October 2013.


2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20140000742



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ABCMR Record of Proceedings (cont)                                         AR20140000742



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