MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:             5 April 2001
	DOCKET NUMBER:    AR2000050762

	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. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Celia L. Adophi		Member	
	Ms. Harry B. Oberg 		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 records be corrected to show that he was placed in the Retired Reserve in the rank and grade of lieutenant colonel (LTC), pay grade 0-5.

APPLICANT STATES: Had he known he had to serve longer as a LTC to retire in that rank, he would have done so.  He provides copies of letters from his Inspector General, his promotion letter to LTC, and orders transferring him to the Retired Reserve in the rank of major.

EVIDENCE OF RECORD: The applicant's military records show:

During the period 4 July 1980 to 9 September 1987, he served on active duty as a USAR officer in military occupational specialty 67A (Health Care Administrator). His separation document indicates he had 7 years, 2 months and 6 days of creditable service and 2 years, 6 months and 14 days of prior inactive service.

On 12 September 1987, he entered a Troop Program Unit in Nebraska.

On 29 September 1996, he was promoted to LTC, 0-5.

On 10 November 1996, he signed a statement that he had read and understood all the options available to him as being a member of a unit that was due to inactivate, reorganize or relocate.  He declined further active Reserve service and requested early qualification for retired pay at age 60 and transfer to the Retired Reserve.

On 10 November 1996, he was transferred to the Retired Reserve in the rank of major.

On 17 December 1998, in response to a request for Inspector General assistance to obtain retention of the grade of LTC as a retired reservist, the Inspector General, 70th Regional Support Command advised the applicant that personnel promoted to LTC prior to the Reserve Office Personnel Management Act (ROPMA) were obligated to hold that rank for 185 days prior to retirement to receive retired pay at that rank.  Additionally, it was the applicant that voluntarily requested assignment to the Retired Reserve rather than staying in for the required period in order to retire at that rank.

ROPMA indicates, in pertinent part, that an officer promoted to LTC prior to the ROPMA must hold that rank for a minimum of 185 days prior to retirement in order to retire with that rank. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1.  The evidence of record shows the applicant did not complete the required time in grade prior to his voluntary retirement, therefore, there is no error or injustice.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

_hbo____  _jh______  _cla ____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000050762	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010405	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.