IN THE CASE OF:	  

		BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140014259 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his promotion to lieutenant colonel.

2.  The applicant states item 4a (Grade, Rate, or Rank) of his DD Form 214 reflects major, but it should reflect lieutenant colonel due to his promotion on 30 June 2014.

3.  The applicant provides Headquarters, U.S. Army Human Resources Command, Order Number 134-015, dated 14 May 2014.

CONSIDERATION OF EVIDENCE:

1.  After a prior period of service in the U.S. Army Reserve, the applicant was ordered to active duty on 30 June 2002 to fulfill his active Army requirement.

2.  On 30 June 2014, he was honorably discharged from the Army under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5, in accordance with the rules for processing an unqualified resignation.

3.  His DD Form 214 reflects he completed 12 years of active service and held the rank of major at the time of discharge.

4.  The applicant provided Headquarters, U.S. Army Human Resources Command, Order Number 134-015, dated 14 May 2014, promoting him to the rank of lieutenant colonel with an effective date and date of rank 30 June 2014.

5.  Army Regulation 600-8-29 (Officer Promotions), paragraph 1-18 (Accepting Promotion) states the active duty service obligation is a specific period of active duty an officer must serve before being eligible for voluntary separation or retirement.  Officers accepting a promotion to any grade other than chief warrant officer three, chief warrant officer four, and chief warrant officer five do not incur an additional service obligation; however, to retire or separate in the next higher grade, the officer must serve satisfactorily in the new grade for the following periods:

	a.  general or lieutenant general – no minimum period but requires the advice and consent of the Senate;

	b.  major general, brigadier general, colonel, and lieutenant colonel – 3 years;

	c.  major – 6 months; or

	d.  captain, first lieutenant, and chief warrant officer two – no minimum period required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 30 June 2014 to reflect his promotion to lieutenant colonel was carefully considered but found to be without merit.

2.  His date of rank to lieutenant colonel was 30 June 2014, the same date he was discharged from the Army due to his voluntary unqualified resignation.

3.  Regulatory guidance requires a newly-promoted lieutenant colonel to serve satisfactorily in the new grade for 3 years in order to retain the grade upon retirement or separation.  The evidence of record reflects the applicant did not meet this qualification, thus there is no basis for granting the requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _____________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)                                         AR20140014259



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ABCMR Record of Proceedings (cont)                                         AR20140014259



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