PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 December 1998                   
	DOCKET NUMBER:   AC98-10007

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show his rank as lieutenant colonel (LTC). 

3.  The applicant states that he was promoted to LTC effective 20 August 1992, but his records still show his rank as major.  He believes this has and will continue to adversely affect his transition and retirement benefits.  

4.  The applicant’s military records show that he was appointed second lieutenant, Medical Service Corps, USAR, on 24 August 1971.  He entered active duty and completed the Army Medical Department Officer Basic Course, after which he returned to the USAR.  He attained the rank of major on 21 August 1985.  

5.  On 10 August 1992 Headquarters, United States Army Reserve Command, Fort McPherson, Georgia, published orders promoting the applicant to LTC, effective 20 August 1992.

6.  On 10 November 1996 the applicant submitted a Personnel Action form stating that he had completed 20 years of qualifying service for USAR retired pay, and he understood that due to the inactivation, relocation or reorganization of his unit, he had to be reassigned.  He indicated that assigment to another unit was not available (sic) and, therefore, he was applying for transfer to the Retired Reserve with Special Separation Pay.   

7.  On 11 November 1996 orders were issued transferring the applicant to the Retired Reserve, effective 10 November 1996 by reason of “Special Separation Pay (Involuntary).”  His rank was shown in the orders as major.  Those orders were subsequently corrected to show his rank as LTC.  

8.  On 14 March 1997 the Army Reserve Personnel Center issued the applicant a 20-year letter notifying him that he had completed the required years of service for eligibility for retired pay at age 60.  (The applicant was born on 16 September 1947).  His rank is shown in that letter as major.  

9.  The applicant’s rank is shown on his DA Form 2-1 (Personnel Qualification Record) as LTC; however, the DA Form 2B (USAR) on file in his records shows his rank as major.  

CONCLUSIONS:

1.  The applicant is seeking correction of his rank at this time because he feels his transition benefits may have been based on the rank of major and to preclude the possibility of there being a problem in the calculation of his retired pay at age 60.   

2.  While the applicant’s request may be premature as it pertains to the calculation of his retired pay , the Board notes, nonetheless, that the applicant’s records do contain documents generated subsequent to his promotion to LTC which erroneously show his rank as major.  

3.  There is the possibility, therefore, that his transition benefits were based upon the rank of major instead of LTC, considering that the orders transferring him to the Retired Reserve with Special Separation Pay initially showed his rank as major.  

4.  Therefore, the applicant’s concern is legitimate and his request is not unreasonable.   

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to LTC, USAR, effective 20 August 1992.  

BOARD VOTE:  

____X___  ____X___  ___X___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON