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ARMY | BCMR | CY2015 | 20150004275
Original file (20150004275.txt) Auto-classification: Denied

		IN THE CASE OF:    

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20150004275 


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 her record to show she retired in the rank/pay grade of captain (CPT)/O-3.

2.  She states that she was selected for promotion to CPT by the December 2014 Special Selection Board (SSB) after she was medically retired on 26 September 2014.  The SSB found that she met the criteria established for the regularly constituted FY14 CPT, Army Competitive Category (ACC), promotion selection board therefore she should be promoted.

3.  She provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Memorandum, dated 27 January 2009, Subject: Grade of Officers When Retiring or Separating for Physical Disability
* SSB Results memorandum, dated 17 December 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant (2LT)/O-1 in the Regular Army on 26 May 2011.  Effective 21 November 2012, she was promoted to first lieutenant (1LT)/O-2).

2.  On 26 September 2014, she was retired for permanent disability in the rank/grade of 1LT/O-2.  The following day she was placed on the retired list in this same rank/grade.
3.  A memorandum, subject:  SSB Results (SSB AS1409-09) FY14, dated
17 December 2014, issued by the Lead, Officer Promotions, Special Actions Branch, U.S. Army Human Resources Command, informed the applicant of her selection for promotion to CPT/O-3.

4.  Department of the Army, Office of the Assistant Secretary, Manpower and Reserve Affairs memorandum, dated 27 January 2009, subject:  Grade of Officers When Retiring or Separating for Physical Disability, states officers recommended by Title 10 Promotion Boards, SSBs, or Position Vacancy boards must be on an approved promotion list and confirmed by the Senate, if required, prior to the retirement or separation because of physical disability.

DISCUSSION AND CONCLUSIONS:

The applicant retired before the FY14 ACC SSB board results were released.  Unfortunately, because she had not been placed on an approved promotion list before she retired, there is no basis for correcting her record to show she retired at the higher grade of CPT/O-3.

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)                                         AR20150004275





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ABCMR Record of Proceedings (cont)                                         AR20150004275



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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