PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 October 2002                   
	DOCKET NUMBER:   AR2002071024

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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, in effect, that his retirement grade be adjusted from Major (MAJ/O-4) to Lieutenant Colonel (LTC/O-5).

3.  The applicant states that a 2002 special selection board (SSB) selected him for promotion to LTC with a date of rank of 30 July 1998.

4.  The applicant’s military records show that he served on active duty in the Regular Army from 27 May 1981 to 30 June 2001 when he was honorably separated with sufficient service for retirement.  He was separated as a Major.

5.  On 28 February 2002, the applicant was notified by the Chief, Promotions Branch, US Total Army Personnel Command (PERSCOM) that an SSB had selected him for promotion to the rank of LTC under the criteria and instructions established by the FY1998 selection board that adjourned in April 1998.  He was given a promotion sequence number of 36.5 and a date of rank of 30 July 1998.

6.  Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes officer transfer and discharge functions and states, in pertinent part, that a commissioned officer must serve on active duty 3 years in grade to retire in rank above major and below lieutenant general.

CONCLUSIONS:

1.  The applicant was not selected for promotion to LTC by the FY1998 selection board and he retired as a Major on 30 June 2001.  Subsequent to his retirement, he was selected for promotion to LTC by a 2002 SSB and, had he been on active duty, would have been given a date of rank of 30 July 1998.

2.  The Board believes that, in the interest of justice and equity, the applicant's records should reflect that he was promoted to the rank of LTC effective 30 July 1998 and that he served in that grade until his retirement as an LTC on 30 June 2001.

3.  The Board further believes that, had he been promoted effective 30 July 1998, the applicant would have remained on active duty an additional month until 31 July 2001 in order to retire in the grade of Lieutenant Colonel.  The Board, therefore, feels that the time-in-grade requirements of AR 600-8-24 should be waived in this case.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of Lieutenant Colonel effective 30 July 1998 and that time-in-grade requirements are waived to permit him to retire as a Lieutenant Colonel on 30 June 2001.

2.  That the individual concerned be paid all due back pay and allowances as a Lieutenant Colonel from 30 July 1998 through his retirement on 30 June 2001, and that his retired pay be adjusted to pay him as a Lieutenant Colonel from 1 July 2001.

BOARD VOTE:  

__kak___  __tap___  __bjl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071024	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.