IN THE CASE OF:	  

	BOARD DATE:	  03 September 2008

	DOCKET NUMBER:  AR20080009491 


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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her military records to show that she is retired as a major, pay grade 0-4.

2.  The applicant states that she was promoted to major, pay grade 0-4 prior to her retirement. 

3.  The applicant provides copies of her Certificate of Release or Discharge from Active Duty (DD Form 214), amendment to her retirement orders, and a letter from Defense Finance and Accounting Service (DFAS), dated 16 May 2008. 

CONSIDERATION OF EVIDENCE:

1.  On 15 March 1996, the applicant was appointed as a second lieutenant, United States Army Reserve, with concurrent call to active duty. 

2.  On 1 March 2003, the applicant was promoted to captain, pay grade 0-3. 

3.  On 1 May 2006, the applicant was promoted to major, pay grade O-4.

4.  Orders 026-0135, Tripler Army Medical Center, dated 26 January 2006; as amended by Orders 121-0005, dated 1 May 2006, reassigned the applicant to the United states Army Transition Center, Schofield Barracks, Hawaii.

5.  On 31 July 2006, the applicant was released from active duty and retired.  She had completed 20 years, 7 months, and 3 days of creditable active duty service.

6.  On 16 May 2008, the Military Pay Technician, Retired and Annuity Pay, DFAS, informed the applicant by letter that an officer who does not meet the time in grade requirements retires at the next lower grade in which the member served on active duty satisfactorily for at least 6 months.  

7.  Army Regulation 600-8-24 (Officer Transfers and Discharges), prescribes policy pertaining to officer transfers from active duty to the Reserve Component and discharges for all officers on active duty for 30 days or more.  Paragraph 6-1 provides for the non-disability retirement of active duty list (ADL) commissioned and warrant officers on active duty who have more than 20 years of active federal service.  It states that a commissioned officer in the rank of major and below may retire in the highest rank served satisfactorily on active duty for 6 or more months.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was promoted to major on 1 May 2006.  She was released from active duty on 31 July 2006.  Therefore, she only had 3 months active duty as a major and did not qualify for retirement at that grade.  She held the rank of captain and served in that rank on active duty from 1 March 2003 until 30 April 2006.  Therefore, she was eligible for retirement in the rank of captain, pay grade O-3.

2.  In view of the above, the applicant’s request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___        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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080009491



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