RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060009861 


	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. Gerard W. Schwartz

Acting Director

Ms. Anita McKim-Spilker

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Chester A. Damian

Member

Ms. Ernestine I. Fields

Member

	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 Item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show lieutenant colonel (LTC) versus major (MAJ); and that Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show award of the Legion of Merit (LOM).

2.  The applicant states, in effect, that he was promoted retroactively to LTC.  He also states that his retirement award was not annotated on his DD Form 214.

3.  The applicant provides a copy of his promotion order to LTC and a copy of his award approval for the LOM.

CONSIDERATION OF EVIDENCE:

1.  The applicant served as a Regular Army officer from 17 May 1981 through
30 June 2001.  His DD Form 214 shows that his rank was MAJ at the time of his retirement.

2.  A Department of the Army (DA) Special Selection Board selected the applicant for promotion to LTC resulting from equal opportunity instructions to the Department of the Army 1996 and 1997 LTC, Army Promotion List Promotion Selection Boards.

3.  Order Number 275-074, DA, U.S. Army Human Resources Command, Alexandria, Virginia, dated 1 October 2004, promoted the applicant to LTC, effective 1 December 1997, with Senate confirmation on 30 September 2004.

4.  Permanent Orders Number 347-06, Headquarters, U.S. Army Corps of Engineers, Washington, D.C., dated 12 December 2004, awarded the applicant the LOM.

DISCUSSION AND CONCLUSIONS:

1.  Orders promoted the applicant to LTC, effective 1 December 1997.  Therefore, he is entitled to have his separation document corrected to show his correct grade at the time of his retirement.

2.  Permanent Orders awarded the applicant the LOM.  Therefore, he is entitled to have his separation document corrected to reflect this award.

BOARD VOTE:

__klw___  __cad___  __eif___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL 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 showing he was promoted to LTC, effective 1 December 1997; and that he was awarded the LOM.



							Kenneth L. Wright
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009861
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0009
2.
131.0400
3.

4.

5.

6.