ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  8 October 2019

	DOCKET NUMBER:  AR20190003144


APPLICANT REQUESTS: Correction of his record to show his retirement rank/grade as 
lieutenant colonel (LTC)/O-5 instead of major (MAJ)/O-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum, Subject: Notification of Promotion Status, dated 4 January 2006
*	Orders Number 06-271-00025, dated 28 September 2006
*	Self-authored letter, dated 25 January 2019

FACTS:

1.  The applicant states in a self-authored letter:

*	on 14 January 2006, he received a letter from the U.S. Army Human Resources 
Command (HRC), St. Louis, MO which said he was selected for promotion to 
LTC, on 12 September 2006
*	he did not accept the promotion because from 1 June 2004 to 31 May 2005 he 
was mobilized and his father became ill, so he had to leave his unit to take care 
of his father who passed away in April 2005; his mother soon became ill and 
passed away as well
*	he retired on 6 February 2019 and would like his identification card to reflect the 
rank of LTC, understanding he will be paid as a MAJ, but he wants to retire with 
the rank he was supposed to 

2.  A review of the applicant’s official records show the following on:

*	13 June 1986 – having had prior enlisted service in the Army National Guard, the 
applicant was appointed as a Reserve commissioned officer and served in 
various assignments
*	3 October 2000 – by memorandum, the applicant was promoted as a Reserve 
commissioned officer to the rank of MAJ effective 26 September 2000
*	28 September 2006 – Orders Number 06-271-00025, issued by Headquarters, 
108th Division, released the applicant from his current assignment and assigned 
him to the Retired Reserve in the rank of MAJ
*	13 January 2019 – Orders Number C01-990336, issued by HRC, Fort Knox, KY, 
retired the applicant and placed him on the Retired list in the rank of MAJ
*	the applicant’s records are void of any orders promoting him to the rank of LTC

4.  The applicant provides:

*	Orders Number 06-271-00025, dated 28 September 2006, which is addressed to 
him as MAJ and states he is reassigned in the Reserve Component for 
completion of 20 or more years of qualified service for retirement pay at age 60 
and assigned to the Retired Reserve effective 27 October 2006
*	Memorandum, Subject: Notification of Promotion Status, showing the applicant 
was selected for promotion, to be promoted he must meet the promotion criteria 
set forth in Army Regulation (AR) 135-155 (Promotion of Commissioned Officers 
and Warrant Officers Other than General Officers).

5.  AR 600-8-14 (Identification Cards, tags, and Badges) in effect at the time, states               
DD Form 2 (Retired) is issued to retired personnel of the uniformed services who are 
entitled to retirement pay.  The grade will reflect the highest grade and rank for which 
the member is entitled to receive retired pay as shown on retirement orders.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, record of promotions, the letter informing his of selection for LTC and the orders 
transferring him to the Retired Reserve.  The Board found that the notification letter 
stated “To be promoted, you must remain in an active status and meet the promotion 
eligibility criteria set forth in AR 135-155”; the Board found no evidence that the 
applicant met those criteria and was promoted to LTC prior to his separation.  It is not 
within the Board’s authority to promote the applicant.  Based on a preponderance of 
evidence, the Board determined that the rank reflected on the applicant’s separation 
documents and his retired rank are not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.



	  
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.


ADMINISTRATIVE NOTE(S): N/A

 

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REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  AR 600-8-14 (Identification Cards, tags, and Badges) in effect at the time states                
DD Form 2 (Retired) is issued to retired personnel of the uniformed services who are 
entitled to retirement pay.  The grade will reflect the highest grade and rank for which 
the member is entitled to receive retired pay as shown on retirement orders.   

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190003144
	
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