BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150000334
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 he be promoted to the rank of colonel.
2. The applicant states, in effect, the failure of his unit administrator to timely process requests for orders and the necessary processing of his promotion resulted in him being denied his promotion to the rank of colonel and transfer to the Individual Ready Reserve.
3. The applicant provides copies of a two-page letter explaining his application, a two-page letter to the Secretary of the Army, orders transferring him to the Retired Reserve and revocation, his notification of selection for promotion to colonel, and email related to his request to remain in service.
CONSIDERATION OF EVIDENCE:
1. The applicant was born in 1954 and was commissioned as a U.S. Army Reserve (USAR) Army Nurse Corps second lieutenant on 16 October 1985. He continued to serve in the USAR and was issued his 20-Year letter on
17 November 2005. He was promoted to the rank of lieutenant colonel (LTC) on 5 July 2007.
2. The applicant provides a copy of an undated memorandum from his Regional Support Command (RSC) notifying him that he was selected for promotion to the rank of colonel and was pending confirmation by the Senate. It also advised him that in order to be promoted, he was required to be in a colonel position in his specialty or he could transfer to the Individual Ready Reserve (IRR) to accept the promotion.
3. Although the applicant has not provided documents related to his application for retired pay, it appears that he applied for an early age drop and on 13 May 2013, orders were published transferring him to the Retired Reserve effective
1 July 2013.
4. The applicant sent an email to his RSC indicating that he had been selected for promotion and desired to remain in service on 17 June 2013. He requested that his orders transferring him to the Retired Reserve be revoked. Accordingly, the orders were revoked on 20 June 2013.
5. While the specifics are not fully documented in the available records, it appears that he could not find a vacant position and on 17 August 2013, he requested transfer to the IRR.
6. However, it also appears the applicant did not withdraw his application for early age retired pay and on 12 September 2013, Orders Number C09-396650 were published by the U.S. Army Human Resources Command (HRC) transferring him to the AUS Retired List in the rank of LTC effective 2 July 2013.
7. In the processing of this case a staff advisory opinion was obtained from the HRC Reserve Components Retirements (RCR) Branch which opines that it was the applicants and the RSCs responsibility to stop the applicants retired pay application and records show that after the applicants orders transferring him to the Retired Reserve were revoked, the applicant had several conversations with RCR Branch personnel regarding the correct date for his early age drop rather than cancelling his request for retired pay. The RCR processed his retirement application giving him credit for the early age drop per his request and he has been receiving retired pay retroactive to 2 July 2013, per his request. Officials at the HRC recommend that his promotion request not be granted.
8. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be promoted to the rank of colonel has been noted and appears to lack merit.
2. While the applicant was selected for promotion to the rank of colonel prior to his retirement, he did not take action to withdraw his request for retired pay, an action that only he could take.
3. It appears obvious that the applicant was aware that his request for retired pay was still being processed since he called the RCR Branch after his orders transferring him to the Retired Reserve were revoked to discuss the date of his early retirement.
4. Accordingly, the applicant was retired based on his individual request and there appears to be no basis to grant his request.
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 during the Global War on Terrorism. 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.
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