IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080007991 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


CONSIDERATION OF ADDITIONAL EVIDENCE:

19.  On 18 May 2008 new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014542, dated 18 July 2007.

20.  The evidence submitted consists of a notification from the Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay, advising the applicant that his advancement to colonel (COL)/O-6 on the retired list cannot be accomplished due to military regulations requiring him to hold the rank of COL/O6 for a period of 3 years in order to be paid at the rank for retired pay.  The ABCMR's decision advanced him to COL/O-6 for only 1 day on 28 February 2006 prior to retirement.

21.  The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers. The law became effective 1 October 1996.  ROPMA provides that officers intending to retire in the grades of lieutenant colonel and above must serve satisfactorily in an active status for a minimum of 3 years to retire in that grade.  The only exception is if they are involuntarily separated under a non-discretionary provision of law because of having attained their mandatory retirement date (MRD) for reason of age or years of commissioned service.  In that case, they must have satisfactorily served a minimum of 6 months time-in-grade on the Reserve Active Status List in order to retire in that grade.


ADDITIONAL DISCUSSION AND CONCLUSIONS:

6.  At the time of the decision of the ABCMR in Docket Number AR20060014552, dated 18 July 2007, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

7.  The ABCMR's decision in Docket Number AR20060014552 failed to include a waiver of time in grade for a period of 3 years in order for him to be paid as a COL/O6 as his retired pay grade.  

8.  Given the above, as a matter of equity, the applicant should be granted a waiver of time in grade for a period of 3 years. 

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

3.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20060014542, dated 18 July 2007, by granting him a waiver of the time in grade for a period of 3 years and, in the granting of this waiver, showing he was promoted to COL/O-6 effective 28 February 2006, with entitlement to payment for the difference in pay and allowances between the ranks of lieutenant colonel and colonel from 28 February 2006 to the present. 




							XXX
       _    _______  ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080007991



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007991



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1