MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 July 2002                  
	DOCKET NUMBER:   AR2001064537

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his mandatory removal date (MRD) be extended 2 years, 10 months and 18 days.

APPLICANT STATES:  That his MRD was May 2000.  He received notification that he had been twice non-selected for promotion to lieutenant colonel and was separated from the service effective 23 May 1996.  He appealed that decision and was notified that a Department of the Army Standby Advisory Board (STAB) had selected him for promotion.  On 4 March 1998, orders were issued revoking his earlier separation.  In May 2000, he approached the Louisiana Army National Guard (LA ARNG) to obtain an extension of his MRD with the time he had been removed from service.  The LA ARNG did not agree, and he was forced to retire in May 2000.  He submits copies of memorandums dated 5 December 1994, 24 January 1995, 23 May 1996, 19 October 1998, 5 March 1999 and his NGB Form 22 (Report of Separation and Record of Service) in support of his application.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the LA ARNG as a second lieutenant effective 1 May 1972. He was appointed in the Mississippi (MS) ARNG as a first lieutenant effective 23 June 1973 and served until his separation effective 31 January 1977.  He was transferred to the Reserve Control Group.

He was appointed in the MS ARNG effective 2 September 1977 and served until his separation effective 3 November 1983.  He was transferred to the USAR Control Group effective 1 November 1983.

He was appointed in the LA ARNG as a major effective 12 January 1998 with a date of rank of 2 September 1987.

He was considered and not selected for promotion to lieutenant colonel by the 1993 and 1994 Reserve Components Selection Boards (RCSB's).

On 30 April 1996, he received a Notification of Eligibility for Retired Pay at Age 60 (9 December 2007).

He was honorably separated from the LA ARNG for resignation effective 22 May 1996 and transferred to the Retired Reserve.

Upon his application to this Board he was considered for promotion to lieutenant colonel under 1994 criteria by a STAB that convened on 10 December 1997.  He was selected.

On 19 October 1998, he was issued a promotion memorandum for lieutenant colonel, indicating his date of rank as 19 September 1995.
The LA ARNG voided his separation orders and reinstated him with a promotion effective date for lieutenant colonel of 19 September 1998.  He retained all retirement credit.

He was honorably separated from the LA ARNG for resignation effective 19 April 2000 and transferred to the Retired Reserve.  His NGB Form 22 shows he was credited with 31 years, 1 month and 24 days of total service for pay.

His MRD was verified as 31 May 2000.

Army Regulation 140-10 provides, with some exception, for separation of majors and lieutenant colonels for maximum age and/or service.  It specifies that lieutenant colonels may not exceed 28 years of service or age 60.  This regulation also provides removal must be accomplished within 30 days after the date of completion of the required years of service.

The Reserve Officer Personnel Management Act, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve component officers.  The law was implemented on 1 October 1996.  ROPMA provides that a lieutenant colonel must separate on the first day of the month after the month in which the officer completes 28 years of commissioned service, unless the officer earlier reaches age 60.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to extension of his MRD beyond 31 May 2000.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions that the LA ARNG denied his request for an extension of his MRD and he was removed from the service and forced to retire in May 2000 after an Army STAB had selected him for promotion to lieutenant colonel have been noted by the Board; however, he did not lose any service time.  His separation from the LA ARNG effective 22 May 1996 was voided, as if it never occurred, after his selection for promotion to lieutenant colonel by the STAB.  Therefore, since his separation was voided, his MRD was not changed.  He retained that service credit, including service for pay, based on his reinstatement.

3.  The evidence of record does not show a forced resignation, it merely shows he resigned from the LA ARNG effective 19 April 2000, with transfer to the Retired Reserve.  The evidence of record also shows he had completed 28 years of commissioned service, therefore, he is not eligible for extension of his MRD.  
4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_SK____  _RVO___  _JPI____     DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001064537	
SUFFIX		
RECON		
DATE BOARDED	20020718	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.	136.04	
3.		
4.		
5.		
6.