BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140001927
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 correction of his records to show he was retired in the rank and pay grade of major (MAJ) O-4.
2. The applicant states he was medically retired while he was promotable to MAJ, but he was unaware of the provision that allows him to be retired in the rank of MAJ.
3. The applicant provides copies of his retirement orders, promotion notification memorandum, Physical Disability Evaluation System (PDES) Commanders Performance and Functional Statement, and DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the rank of captain (CPT) in the Oklahoma Army National Guard (OKARNG) when he was ordered to active duty in support of Operation Iraqi Freedom on 18 September 2007. He served in Kuwait/Iraq during the period 20080127 20081005 and on 25 October 2008 he was honorably released from active duty and was returned to his OKARNG unit.
2. On 5 October 2011, a memorandum prepared by the Joint Forces Headquarters, OKARNG notified the applicant that he had been selected for
promotion by the Department of the Army Mandatory Selection Board. The memorandum advised the applicant that he had four choices to make no later than 8 November 2011. The four choices were:
* Accept promotion in the OKARNG
* Resign and Accept promotion in the United States Army Reserve (USAR)
* Delay promotion for a period not to exceed 3 years
* Decline promotion
3. The available records are silent as to whether the applicant selected one of the available options and the record of the applicants medical proceedings under the PDES are also not present in the available records.
4. On 19 March 2013, orders published by the U.S. Army Physical Disability Agency placed the applicant on the Retired List in the rank of CPT, effective
23 April 2013, with a 50% disability rating.
5. Title 10, U.S. Code, section 1372, provides the legal authority for the grade to be awarded to members retiring for physical disability. It states any member of an Armed Force who is retired for physical disability is entitled to a grade equivalent to the highest of the following:
a. the grade in which he or she is serving on the date when his or her name is placed on the Retired List;
b. the highest grade in which he or she served satisfactorily; or
c. the grade to which he or she would have been promoted had it not been for the physical disability that resulted in retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been placed on the Retired List in the rank and pay grade of MAJ/O-4 was noted.
2. The applicant was selected for promotion to the rank of MAJ by the Department of the Army Mandatory Selection Board. While there is insufficient evidence to show he would have been promoted before being retired he should have been placed on the Retired List in the rank of MAJ.
BOARD VOTE:
___x_____ ___x_____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommended that his retirement orders be amended to show he was placed on the Retired List in the rank and grade of MAJ/O-4 with entitlement to any back retired pay as a result of this correction.
_______ _ _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) AR20140001927
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001927
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130000923
The applicant states: * he was medically retired at the incorrect rank and pay grade * his current pay grade is O-2 and he is requesting to be advanced on the Retired List to pay grade O-3 * he was selected by a Department of the Army (DA) promotion board for placement on the Army Promotion List (APL) for CPT * the Texas Army National Guard (TXARNG) had almost 3 years, from the date the DA board convened to the date he was medically retired, to find him an O-3 position so he could have been...
ARMY | BCMR | CY2013 | 20130021249
He provides: * Orders D123-05, dated 3 May 2011 * memorandum, subject: Placement on the Temporary Disability Retired List (TDRL), dated 3 May 2011 * Department of the Army (DA) Boards Results * memorandum, subject: Notification of Promotion Status, dated 23 June 2010 CONSIDERATION OF EVIDENCE: 1. A memorandum from the Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, dated 27 January 2009, subject: Grade of Officers When Retiring or Separating for Physical...
ARMY | BCMR | CY2013 | 20130018734
The advisory official states his office reviewed the applicant's promotion board history and determined he was not eligible for promotion at the time of his medical retirement. The regulation contains no provisions for promoting an officer to MAJ without the officer having first been considered by the appropriate promotion board. It states, in part, that in accordance with 10 USC 1372, officers retired because of physical disability who would otherwise have been promoted when they had...
ARMY | BCMR | CY2014 | 20140020934
His order for his assignment to full-time active guard/reserve (AGR) duty effective 1 October 2012, the time of the board. c. An OKNG memorandum, dated 11 October 2011, approved his request to remain on the standing list until assigned to a higher graded position of released from active duty under Title 32. d. Orders 154-017, OKNG, dated 3 June 2013, show he was promoted to MAJ with DOR of 24 August 2012. The advisory official recommended granting the applicant's request by adjusting his...
ARMY | BCMR | CY2014 | 20140000442
The applicant states he was promoted to the rank of MAJ when he was in the U.S. Army Reserve (USAR); however, his pay grade was never changed when he retired from active duty. This memorandum shows his rank at the time as CPT. His records are void of and he does not provide any evidence showing he was medically qualified for promotion to MAJ or promotion orders were issued for this rank.
ARMY | BCMR | CY2014 | 20140000442
The applicant states he was promoted to the rank of MAJ when he was in the U.S. Army Reserve (USAR); however, his pay grade was never changed when he retired from active duty. This memorandum shows his rank at the time as CPT. His records are void of and he does not provide any evidence showing he was medically qualified for promotion to MAJ or promotion orders were issued for this rank.
ARMY | BCMR | CY2012 | 20120014906
Application for correction of military records (with supporting documents provided, if any). Department of the Army Memorandum, dated 31 August 2006, Subject: Reserve Component Promotion Board Military Education (MILED) Waiver Guidance states that, in accordance with paragraph 2-15b of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), the Chief, Office of Promotions, may grant waivers for non-statutory MILED promotion requirements...
ARMY | BCMR | CY2012 | 20120022967
The advisory official recommended approval of the applicant's request to adjust her date of rank to LTC to 15 January 2010, based on NGB Policy Memorandum #04-0025, dated 1 September 2004. NGB Memorandum, subject: Clarification of the Policy to Promote DA Select Mobilized Officers at Maximum TIG (NGB-ARH Memorandum #04-0025), dated 1 September 2004, states in paragraph 3 that ARNG officers recommended for promotion to the grades of CPT through LTC under the provisions of Title 10, U.S....
ARMY | BCMR | CY2014 | 20140010544
Counsel requests reconsideration of the applicant's earlier request for: * promotion to lieutenant colonel (LTC) in the U.S. Army Reserve (USAR), effective 16 September 2011 with entitlement to back pay and allowances * placement on the Retired List in the rank of LTC vice major (MAJ) on his 60th birthday * correction of the applicant's mobilization DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 April 1991, to show his rank as LTC 2. Had he not requested...
ARMY | BCMR | CY2012 | 20120017515
The applicant requests adjustment to her date of rank (DOR) for major (MAJ) from 21 July 2010 to 25 June 2007. The applicant states she was appointed in 2007 and went before an Army Special Selection Board and she was promoted to CPT with a DOR of 26 November 2008. Therefore, her military service records correctly show her DOR of 30 July 2010.