IN THE CASE OF: BOARD DATE: 5 October 2022 DOCKET NUMBER: AR20220002556 APPLICANT REQUESTS: correction of his records to show he was promoted to the rank/pay grade of colonel (COL)/O-6. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Selection for Promotion, dated 11 October 1991 * DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 June 1992 * U.S. Total Army Personnel Command letter to the applicant, dated 21 December 1994 * Office of the Chief of Legislative Liaison letter to the Honorable A- W-, dated 15 December 2021 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He requests favorable consideration for promotion to the grade of COL/O-6. He retired from active duty on 30 June 1992 as an officer serving in the Active Guard/Reserve (AGR) Program. When he retired, he was serving as the Chief, Program Analysis and Evaluation Office at the Army Reserve Personnel Center (ARPERCEN) in St. Louis, MO. b. He was selected for promotion to colonel on 11 October 1991 with a Promotion Eligibility Date (PED) of 25 March 1992. Assigned as the Chief, Program Analysis and Evaluation in December 1991. This position was a COL/O-6 slot. As an officer in the AGR program he was required to retire when he reached 20 years of active duty service. He retired on 30 June 1992. If he was promoted to COL on his PED; he would only have served 3 months at the time he was discharged. He was told that an officer had to have a minimum 6 months' time-in-grade in order to retire at their current rank; therefore, he was not promoted to COL/O-6. In August 1994, he requested assignment to the Reserve Components for one day, then promotion to the rank of COL. The request was not favorably considered. c. He understands the reason he was not promoted to COL in 1992 was consistent with the Army Regulations at that time. He is not asking for anything that would cost the government any retired pay or benefits. All he would like is the ability to pin the eagle rank insignia on his uniform and to say he has retired as an Army colonel. 3. A review of the applicant's official records show the following: a. Having had prior Regular Army enlisted and commissioned officer service, the applicant entered AGR service this period on 4 September 1979. b. On 26 March 1987, the applicant was promoted to the rank/grade of lieutenant colonel (LTC)/O-5. c. On 11 October 1991, a memorandum from the U.S. Total Army Personnel Command, St. Louis, MO notified the applicant that he had been selected for promotion to the grade COL, pending Senate confirmation. His projected PED was shown as 25 March 1992. To be promoted effective that date, the applicant must have remained in an active status and be medically qualified for retention. Orders promoting the applicant would have been published approximately 30 days prior to his PED. d. On 6 May 1992, the U.S. Army Reserve Personnel Center, St. Louis, MO issued Orders Number P-05-010037 retiring the applicant from active service, effective 30 June 1992. His retired grade of rank/grade is shown as LTC/O-5). e. On 7 May 1992, the U.S. Army Reserve Personnel Center, St. Louis, MO issued Orders 48-1 attaching the applicant to the U.S. Army Transition Point, Fort Leonard Wood, MO, effective 29 May 1992. In pertinent part, additional instructions show he was on transition leave from 1 through 30 June 1992. f. On 30 June 1992, the applicant was retired under the provisions of Army Regulation 635-100 (Officer Personnel), paragraph 4-13, "for length of service." He completed 12 years, 9 months, and 27 days net active service this period with 7 years, 3 months, and 29 days total prior active service. 4. The applicant provides: a. A letter from the U.S. Total Army Personnel Command, Chief, Office of Promotions, Reserve Components responding to the applicant's request for promotion to COL. The letter states, the Office of the Deputy Chief of Staff for Personnel, Policy Coordination Office has provided information concerning the applicant's request to transfer to the Retired Reserve in the grade for which he was selected. They have advised that the applicant must retire because of physical disability, have 28 years of commissioned service or reach the age at which transfer to the Retired Reserve or discharge is required by law to transfer to the Retired Reserve as a COL. b. A letter from the Office of the Chief of Legislative Liaison, Congressional Actions Manager acknowledging receipt of the applicant's request to be promoted to COL and informing the Congressional Representative of the applicant's right to apply to the ABCMR. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered applicant's contentions, the military record, and regulatory guidance. One possible outcome was to grant relief. However, the majority of the Board members determined that the applicant did not meet statutory or regulatory guidance to warrant a recommendation for relief. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 1. Prior to closing the case, the Board noted that the applicant is qualified for the Korean Defense Service Medal and recommends his DD214 be amended to show the award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined 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 to show he was promoted to the rank/pay grade of colonel (COL)/O-6. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10, USC, section 3911 states that the Secretary of the Army may, upon the officer's request, retire a regular or reserve commissioned officer who has at least 20 years of service, at least 10 of which have been active service as a commissioned officer. 3. Army Regulation (AR) 635-100 (Officer Personnel) in effect at the time provides policy and procedures for separation of officers. Paragraph 4-13 of this regulation states that a Regular or Reserve commissioned officer (emphasis added) of the Army who has at least 20 years of active Federal service, of which at least 10 years have been active service as a commissioned officer, may, on his or her application and in the discretion of the Secretary of the Army, be retired (Title 10, USC, section 3911). 4. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. DD Form 214, item 4a (Grade, Rate or Rank) enter active duty grade or rank and pay grade at time of separation. 5. AR 15–185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002556 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1