PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           14 November 2002
	DOCKET NUMBER:   AR2002076003

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be awarded retirement drill points for period 1 September 2001 thru 30 May 2002.

3.  The applicant states, in effect, that he was denied the opportunity to earn retirement points between 1 September 2001 and 30 May 2002, as a result of being transferred to the Retired Reserve based on being twice non-selected for promotion to lieutenant colonel (LTC).  However, he was selected for promotion by a Department of the Army (DA) Stand-By Advisory Board (STAB) that convened in August 2001.  He was selected under the criteria used by the 1998 DA Reserve Components (RC) LTC Promotion Selection Board.   He states that had he been selected for promotion the by the original 1998 LTC Promotion Selection Board, he would have continued to serve in a United States Army Reserve (USAR) Troop Program Unit (TPU) and participate in drills and annual training, and would have earned the corresponding retirements points.  In support of his application, he submits orders that assigned him to the Retired Reserve, a copy of the order revoking his transfer to the Retired Reserve, and a Total Army Personnel Command (PERSCOM), St. Louis, STAB selection promotion memorandum for LTC.

4.  The applicant’s military records show that he is currently serving in an active status in the USAR and he holds the rank of LTC.

5.  The applicant was twice considered and not selected for promotion to LTC.  Subsequent to his second non-selection, he submitted a request to be retained on the Reserve Active Status List (RASL) pending the final results of a STAB.  However, this request was denied and Orders Number R231-04, dated 
19 August 2001, published by the Headquarters, United States Army Special, Operations Command (SOCOM), Fort Bragg, North Carolina, directed his transfer to the Retired Reserve.  

6.  A PERSCOM, St. Louis, memorandum, dated 29 May 2002, notified the applicant that a DA STAB had recommended him for promotion to LTC.  On
30 May 2001, a SOCOM promotion memorandum pertaining to the applicant was published and authorized his promotion to LTC, effective 13 July 2000.  

7.  Orders Number R150-04, dated 30 May 2002, published by SOCOM, revoked Orders Number R231-04, dated 19 August 2001, which had directed the applicant’s transfer to the Retired Reserve.

8.  Title 10, USC Section 14506, specifies that twice non-selected majors shall be removed from the RASL on the first day of the month after the month on which the officer completes 20 years of commissioned service, or the first day of the seventh month after the month in which the President approves the report of the Board that considered the officer for the second time. 

CONCLUSIONS:

1.   The Board notes the applicant’s contention that he should be awarded retirement points for period 1 September 2001 thru 30 May 2002, and the Board finds this claim has merit.  

2.  The evidence of record confirms that the applicant was twice non-selected for promotion to LTC.  As a result, he was transferred to the Retired Reserve in accordance with applicable law and regulation.   It also shows that he was subsequently selected for promotion to LTC by a STAB, under the criteria used by the 1998 DA RC LTC Promotion Selection Board, and that his transfer to the Retired Reserve was revoked accordingly.  

3.  The results of the STAB confirm that the applicant should have been selected for promotion by the 1998 DA RC LTC Promotion Selection Board.  It is clear had he been promoted at that time, he would have not been transferred to the Retired Reserve, and he would not have been denied the opportunity to earn the service credit and corresponding points for the period in question.  

4.  In view of the facts of this case, the Board concludes that it would be appropriate, in the interest of justice and equity, to correct the applicant’s record by granting him the service credit and corresponding points he would have earned had he continued to serve in a TPU of the USAR for the period between 
1 September 2001 and 30 May 2002.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned continued to serve in a TPU of the USAR from 1 September 2001 to 30 May 2002; and by awarding him service credit and corresponding points as if he had attended all scheduled drills and active duty training that normally would have been scheduled during that period. 

BOARD VOTE:  

__AAO__  __JPI___  __REK __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  ___Arthur A. Omartian___
		           CHAIRPERSON

INDEX

CASE ID	AR2002076003	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/14	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135.0200	
2.		
3.		
4.		
5.		
6.