RECORD OF PROCEEDINGS

	IN THE CASE OF:       .

	BOARD DATE:            09 December 2003                  
	DOCKET NUMBER:   AR2003090103

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Eloise C. Prendergast		Member	
	Mr. Raymond J. Wagner		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 he be given constructive credit for 11 monthly drills and 44 inactive duty points that he missed because he was incorrectly assigned to the Retired Reserve.

2.  The applicant states, in effect, that he was assigned to the Retired Reserve, effective 1 November 2000, due to being twice non-selected for promotion to the rank of lieutenant colonel (LTC).  However, he was subsequently selected for promotion to the rank of LTC by a Department of the Army Standby Advisory Board (STAB) and his orders assigning him to the Retired Reserve were revoked, effective 3 October 2001.  However, by that time he had been denied the opportunity to attend 11 monthly drills and to accumulate the 44 inactive duty points that he normally would have accrued.  

3.  The applicant provides copies of his orders assigning him to the Retired Reserve, the revocation of those orders, his notification of selection for promotion to LTC by a STAB, and a copy of his retirements points credits.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was promoted to the rank of major in the United States Army Reserve (USAR) on 15 December 1989.  

2.  On 13 April 1991, the Army Reserve Personnel Center (ARPERCEN) notified the applicant (20-year letter) that he had completed the required years of service to be eligible for Retired pay at age 60.  

3.  On 26 July 2000, the Army Reserve Personnel Command (ARPERSCOM) published orders transferring him to the Retired Reserve, effective 1 August 2000, due to being twice non-selected for promotion to the rank of LTC.  Those orders were amended on 8 August 2000 to change the effective date to 1 November 2000.

4.  On 12 September 2001. the ARPERSCOM dispatched a memorandum to the applicant notifying him that he had been selected for promotion to the rank of LTC by a STAB that convened on 29 March 2001.

5.  On 3 October 2001, the ARPERSCOM revoked the orders transferring him to the Retired Reserve.  The applicant was restored to his active status and was promoted to the rank of LTC effective 1 May 2002.

6.  A review of the applicant's retirement points credits shows that with the exception of retirement year ending (RYE) 3 September 2000 to 2 September 2001, the period he was assigned to the Retired Reserve, the applicant has actively participated in his USAR units since 1973 and received qualifying years for retirement in each of those years except the period in question.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was transferred to the Retired Reserve after being twice nonselected for promotion to the rank of LTC.  During the 11-month period he was in the Retired Reserve he was unable to attend monthly unit drills and was thus unable to attain inactive duty points during that period. 

2.  However, a STAB subsequently determined that he should have been selected for promotion to LTC and as such, his orders transferring him to the Retired Reserve were subsequently revoked and he was returned to his unit, where he continued to attend drills.

3.  Therefore, the evidence suggests that had he not been improperly passed over for promotion and transferred to the Retired Reserve, he would have been able to attend the 11 monthly drills he missed and attain the inactive duty points for those drills.

4.  The applicant's retirement points history suggests that the applicant would have attended the 11 monthly drills he missed and therefore it would be in the interest of justice to award him constructive credit for those drills as well as the inactive duty points that he would have been awarded for attendance during the period in question and the pay he would have received had he not been unjustly denied the opportunity to participate.

BOARD VOTE:

mdm_____  ecp_____  rjw_____  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 awarding him constructive credit, inactive duty points and the appropriate pay for the period he was assigned to the Retired Reserve (1 November 2000 to 3 October 2001), all benefits he otherwise would have earned had he not been transferred to the Retired Reserve.  

		____Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090103	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  135.0200	334/RET PT CREDIT	
2.		
3.		
4.		
5.		
6.