MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            14 April 1999                  
	DOCKET NUMBER:    AR1999022710

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

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his mandatory removal date (MRD) as a lieutenant colonel be adjusted to comply with the provisions of the Reserve Officers Personnel Management Act (ROPMA).  He requests that he be allowed to serve the 18 months that he will gain from that correction upon approval of the Board, and that he be considered for promotion to colonel.

APPLICANT STATES:  That he was retired under the old system at age 53.  Under the new law he can serve 28 years of commissioned service.  

In support of his application he submits a memorandum from the assistant chief of staff of an ROTC region command in which it is stated that the applicant’s assignment is critical for successful completion of the region’s mission.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information contained herein was derived from documents submitted by the applicant himself.

On 24 February 1994 the applicant was honorably released from active duty in the Active Guard and Reserve (AGR) program in the rank of major.  He was promoted to lieutenant colonel on orders dated 28 February 1994 with an effective date of 9 March 1994 and a date of rank of 6 May 1987.  On 14 February 1994 orders were published transferring the applicant to the Retired Reserve effective 10 March 1994 by reason of maximum years of service.

Army Regulation 140-10, Assignments, Attachments, Details, and Transfers, then in effect, paragraph 7-2, requires the removal of officers in the rank of lieutenant colonel and below 30 days after their 53rd birthday if age 25 or older at initial appointment.

On 8 December 1994 the 103rd Congress passed Public Law 103-335, title XVI, ROPMA.  The provisions of ROPMA were to be effective on 1 October 1996.  Title 10, section 14507, as created by ROPMA, provides for the removal of lieutenant colonels upon completion of 28 years of commissioned service. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was properly removed at his MRD as prescribed by the law in effect at that time.

2.  The altered MRD provisions for lieutenant colonels did not become effective until almost 2 ½ years after the date of the applicant’s MRD and did not contain any provisions to grandfather officers who had been properly removed under prior provisions of law.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _AAO ___  _TBR___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022710	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.