BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015185 


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 his records to show he was retired in the rank of captain (CPT).

2.  The applicant states he was eligible for consideration by the Fiscal Year 2013 (FY13) Active Competitive Categories (ACC) CPT Promotion Selection Board at the time of his retirement.  The board convened on 9 April 2013 and was released on 8 August 2013.  His name was on the selected list with a sequence number of 0809.  He served in a post command CPT billet for over a year and should have been retired in the rank of CPT.

3.  The applicant provides copies of his officer evaluation report for the period 23 June 2012 through 22 June 2013, DD Form 214 (Certificate of Release or Discharge from Active Duty), and the FY13 ACC CPT Promotion List.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 June 2009 for a period of 3 years under the Officer Candidate School enlistment option.  He completed his training and was honorably discharged on 18 November 2009 to accept a commission.  He completed 5 months and 2 days of active service during this period.

2.  On 19 November 2009, he was commissioned as a Regular Army Signal Corps second lieutenant.  He deployed to Afghanistan during the period 29 March 2011 to 28 May 2011.  He was promoted to the rank of first lieutenant (1LT) on 19 May 2011.

3.  On 22 July 2013, he was honorably retired in the rank of 1LT due to permanent disability (enhanced).  He completed 3 years, 8 months, and 4 days of active service as a commissioned officer during this period.

4.  On 27 January 2009, the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA M&RA) issued a memorandum clarifying the grade of officers when retiring or separating for physical disability.  It provides that officers recommended by Title 10 Promotion Selection Boards, special selection boards, or position vacancy boards must be on an approved promotion list (and confirmed by the Senate, if required) prior to the effective date of retirement or separation because of physical disability.  Promotion orders will not be published for officers who meet these requirements.  The memorandum implements the grade-determination authority of Title 10, U.S. Code, sections 1212 and 1372.

DISCUSSION AND CONCLUSIONS:

1.  While there is no doubt that the applicant was selected for promotion to the rank of CPT, he had already retired on 22 July 2013 before the list was approved for release on 8 August 2013.

2.  In accordance with the ASA M&RA memorandum guidance, he was not eligible to be retired in the rank of CPT.

3.  Accordingly, there is no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  _X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________X______________
                  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)                                         AR20130015185



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130015185



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1