RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 April 2004     
	DOCKET NUMBER:   AR2003087479

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Richard T. Dunbar		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show he was reinstated on active duty in 1990; promoted to major in 1991; non-selected for promotion by the Active Component lieutenant colonel promotion board under the fiscal year (FY) 1995 criteria; requested early retirement in 1996; and placed on the Retired List 1 March 1996.

2.  The applicant states that he received a favorable decision on a Board application (on an Officer Evaluation Report (OER) amendment and special selection board consideration) but never received official notification as to the corrective actions taken and his options to return to active duty.  He had contacted the U. S. Total Army Personnel Command (currently designated the  U. S. Army Human Resources Command) on numerous occasions throughout the years.  He continued to serve in the U. S. Army Reserve.

3.  The applicant provides the Board's 1991 action.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was commissioned a second lieutenant in May 1979 and entered active duty.  He was promoted to captain on 1 July 1983.  He received an OER for the period ending 10 December 1986 which he later appealed, arguing substantive inaccuracy.  The Officer Special Review Board denied his appeal.  He apparently was nonselected for promotion to major by the 1988 and 1989 promotion boards.  He separated from active duty on 2 July 1990.  

2.  The applicant continued to serve in an active status in the U. S. Army Reserve.  He was promoted to major.  He was considered but nonselected for promotion to lieutenant colonel by a Reserve Component promotion board under the selection criteria for FY 1998, FY 1999, and FY 2000.

3.  The applicant appealed his OER to the Board and on 10 April 1991 (Docket Number AC90-05642) the Board amended his OER and directed that his records be submitted to duly constituted special selection boards.  He was subsequently recommended for promotion to major by a special selection board under the FY 1989 criteria.  For an unknown reason, no further action was taken.  Had he been returned to active duty, he would have been promoted to major with a date of rank and effective date of 1 June 1991.  He would have been eligible for promotion consideration to lieutenant colonel in FY 1995.  

4.  The FY 1996 Voluntary Early Retirement Program was open only to officers with at least 20 years of active Federal service and who required a waiver of a nonstatutory active duty service obligation of any length.

DISCUSSION AND CONCLUSIONS:

1.  A clear injustice occurred in this case when, for an unknown reason, the applicant was not offered the option to return to active duty after he had been selected for promotion to major by a special selection board.

2.  The applicant did not qualify for early retirement under the FY 1996 eligibility criteria.  However, as a matter of equity the applicant should be granted the relief requested as an exception to policy.

BOARD VOTE:

__mkp___  __mhm___  __rtd___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.   showing he was reinstated on active duty on 2 July 1990 and promoted to major with a date of rank and effective date of 1 June 1991;

     b.  showing he was nonselected for promotion by the Active Component lieutenant colonel promotion board under the FY 1995 criteria;

     c.  showing he requested voluntary early retirement under the FY 1996 Officer Early Retirement program; 

     d.  showing his request for voluntary early retirement was approved as an exception policy and he was placed on the Retired List effective 1 March 1996 in the rank of major; and

     e.  paying to him all due active duty back pay and allowances and back due retired pay, minus offsets due to any civilian and/or military pay he may have received during the affected period.

		__Margaret K. Patterson
		        CHAIRPERSON

INDEX

CASE ID	AR2003087479	
SUFFIX		
RECON		
DATE BOARDED	20040429	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.	131.00	
3.	136.00	
4.		
5.		
6.