IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220006012 APPLICANT REQUESTS: reconsideration of the Former Service Member's (FSM) DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as colonel (COL)/O-6. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2 x NGB Form 22 (Report of Separation and Record of Service) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 5 June 1969 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 5 July 1990 * Orders Number C-05-801177, 10 May 1991 * Letter from Office of Promotions, 24 May 1993 * ARPC Form 249-2-E (Chronological Statement of Retirement Points) * Orders Number P-02-300754, 22 February 2001 * Certificate of Death and Certificate of Birth FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the FSM's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC95-07344 on 21 June 1995. 2. The applicant states her father, the FSM, received a promotion to COL/O-6 on 11 February 1986. She would like his DD Form 214 be corrected to reflect the change in rank. The FSM was buried in Arlington National Cemetery on 11 April 2022, and they would like his correct rank to be displayed on his headstone. 3. The FSM's service records contain the following documents for the Board's consideration. He was born in May 1940 and turned 60 in May 2000. a. On 6 June 1962, having had prior enlisted service in the Army National Guard (ARNG), the FSM was appointed as a Regular Army commissioned officer and executed an oath of office in the rank/grade of second lieutenant (2LT)/O-1 with a concurrent call to active duty. b. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the FSM was honorably discharged on 5 June 1969 for unqualified resignation. He completed 7 years of service with 1 year and 27 days of other service. c. NGB Form 337 (Oaths of Office) shows the FSM completed the oath of office in the ARNG in the rank/grade of captain (CPT)/O-3 on 10 January 1970. d. A document titled Request for Statement of Service dated 30 January 1970, which shows the FSM was an officer on active duty with an appointment date in the rank of 2LT on 6 June 1962 with promotions to first lieutenant (1LT)/O-2 on 6 December 1963 and 29 June 1965, and CPT on 16 November 1965. e. Special Orders Number 40 published by NGB, dated 27 February 1970, shows the FSM received Federal Recognition for his transfer from the U.S Army Reserve. f. The FSM's DA form 2-1 (Personnel Qualification Record) shows, in item 18 (Appointments and Reductions) he was promoted to lieutenant colonel (LTC)/O-5 on 6 February 1981 g. There is no indication on the DA Form 2-1 that he was promoted to COL. h. On 23 May 1983, the FSM entered active duty. i. On 30 January 1986, the U.S. Army Reserve Personnel Center issued a memorandum, Subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty. It shows the FSM was a member of the ARNG and had been selected for promotion to COL and his promotion eligibility date was 5 February 1986. If he accepted the promotion and Federal Recognition was not extended in the next higher grade, he would be transferred to the USAR on the day following the date of termination of Federal Recognition in his current grade. (1) An indorsement to the memorandum, dated 8 May 1986, states the FSM needed to indicate by indorsement if he accepted the promotion with continued assignment in the ARNG, declined the promotion with continued assignment in the ARNG in the rank of lieutenant colonel (LTC)/O-5 or accepted the promotion with assignment to the USAR. (2) On 29 July 1986, the FSM completed an indorsement, though it is not signed by the FSM, which stated he desired to continue his current assignment as an Army Guard/Reserve (AGR) officer assigned to NGB and he regretfully declined his selection for promotion to COL in the USAR. He requested he be reported for consideration again by the selection board in October 1986. j. On 27 June 1990, the Office of the Adjutant General, WIARNG published Orders Number 128-089, honorably separating the FSM from the ARNG and transferring him to USAR Control Group (Standby) in the rank of LTC, effective 5 July 1990. k. On 5 July 1990, the FSM was honorably released from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably released from active duty in the rank of LTC/O-5, effective 5 July 1990. He completed 7 years, 1 month and 13 days of active duty service with 9 years, 7 months, and 6 days prior active duty service, and 12 years, 5 months, and 8 days of prior inactive duty service. He was released due to reaching maximum service. k. Also on 5 July 1990, the FSM was honorably released from ARNG. His NGB Form 22 shows he was honorably released from the ARNG and transferred to the USAR Control Group (Standby) in the rank of LTC/O-5, effective 5 July 1990. l. On 27 September 1990, the NGB published Special Orders Number 188 withdrawing Federal Recognition, effective 6 July 1990. He was in the rank of LTC. m. On 10 May 1991, the USAR Personnel Center, St. Louis, MO published Orders Number C-05-801177, releasing the FSM from USAR Control Group (Reinforcement) and transferring him to The Retired Reserve, effective 10 May 1991. The FSM was in the rank of LTC. n. On 15 May 1992, by memorandum, the Army Board for Correction of Military Records, stated that the FSM had requested a Standby Advisory Board (STAB) for consideration for promotion. It was requested his records be reviewed to determine if he was eligible for STAB promotion consideration. o. On 14 April 1993, the U.S. Total Army Personnel Command issued a promotion memorandum that shows the FSM was promoted as a Reserve Commissioned Officer to the rank of COL, effective on 7 July 1990 contingent upon him being medically qualified for retention. Time in grade for promotion to the next higher grade would be computed from 11 February 1986. There is no evidence regarding the FSM's medical qualifications effective 7 July 1990. p. on 8 June 1993, the U.S. Total Army Personnel Command stated in a memorandum that the FSM's request for promotion had been accomplished. He was promoted to COL on 14 April 1993 with a date of rank of 11 February 1986. His effective date of promotion was 7 July 1990, the effective date of his transfer to the USAR Control Group (Standby). He was not eligible for removal from a retired status. q. On 21 June 1995, the Board responded to the FSM s 25 April 1991 application to correct his records to show he was promoted to the rank of COL. The Board stated the FSM had failed to submit sufficient relevant evidence to demonstrate the existence of probable material error or injustice and denied his request. r. On 12 January 1996, the U.S. Total Army Personnel Command stated in a letter that the President of the ABCMR asked the office to reply to his application for correction of military records and the FSM's record was considered by a Department of the Army Promotion Advisory Board under the 1989 criteria and he was not selected for promotion, therefore his application had been denied. s. On 22 February 2001, the U.S. Army Reserve Personnel Command published Orders Number P-02-300754 placing the FSM on the retired list, effective 5 May 2000 (age 60) in the rank of LTC. 5. The applicant provides the following documents, not previously considered: a. A letter from the U.S. Total Army Personnel Command, Office of Promotions, Reserve Components, dated 24 May 1993, which states he was recommended for promotion to colonel by the 1985 Department of the Army Reserve Components Selection Board while he was an Active Guard Reserve officer with a promotion eligibility date of February 11, 1986. He was not in a higher grade position and could not be promoted at that time. In accordance with Army Regulation 135-155, (Promotion of Commissioned and Warrant Officers Other Than General Officers) paragraph 4-14, an Active Guard Reserve officer will be promoted following release from active duty. He was released from active duty on July 6, 1990, and he should have been promoted. Enclosed is his promotion order with a date of rank of February 11, 1986. The Transition Branch has been informed to correct his retirement order from lieutenant colonel to colonel. Based on Army Regulation 140-10, paragraph 7-2e (2), Interim Change 101, dated February 23, 1992, he is not eligible for removal from a retired status. The regulation states a colonel will be removed from an active status on the fifth anniversary of appointment to colonel. Removal will be computed from the officer's promotion eligibility date. Based on five years as a colonel from his promotion date of February 11, 1986, his removal date is February 10, 1991. He was retired on May 10, 1991, based on completion of maximum authorized years of service. Therefore, he is not eligible for removal from retired status. b. ARPC Form 249-2-E dated 15 June 1999, which shows the FSM had 27 years, 1 month, and 6 days of service toward retirement and his rank was shown as LTC. c. A certificate of death showing the FSM died on 5 March 2022 and the applicant's birth certificate showing she is the FSM's daughter. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the FSM s military records, the Board found that relief was not warranted. The applicant's contentions, military records, and regulatory guidance were carefully considered. The Board noted that the FSM entered active duty on 23 May 1983, and he was honorably released from active duty on 5 July 1990. His DD Form 214 shows he was honorably released from active duty in the rank of LTC/O-5, effective 5 July 1990. He did not hold the active duty grade of COL during his active duty time. The regulation governing the DD Form 214 states for item 4a (Grade, Rate or Rank) enter active duty grade or rank and pay grade at time of separation. He was not promoted to COL while on active duty. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING ME: GT: SM: 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 to amend the decision of the ABCMR set forth in Docket Number AC95- 07344 on 21 June 1995. 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. AR 135-155 (Promotion of Commissioned and Warrant Officers Other Than General Officers), in effect at the time, prescribed the policies for promotion of commissioned officers in the Reserve components of the Army below the grade of general officer. The regulation stated in: a. Table 2-1 (Service Requirements) states for promotion to COL the Soldier must have 3 years time in grade. Table 2-9 (Educational Requirements) states the Soldier must have completed Command and General Staff College. b. Paragraph 2-8 (Consideration for promotion to COL) states selection boards would convene at the discretion of the Secretary of the Army. They would consider USAR officer in all branches for promotion to COL. They would only consider and recommend only those who are in an active status. c. Paragraph 11 (Eligibility for promotion) to be promoted under this section an Army Reserve officer must: * be in active status * be participating satisfactorily in reserve training * be medically fit * have completed the service required for promotion to the next grade d. Paragraph 12 (Promotion upon transfer to the Retired Reserve) a Reserve officer, upon transfer to the Retired Reserve, would be promoted concurrently with such transfer to the highest permanent or temporary grade satisfactorily held in the Army of the United States (including components thereof), or the Reserve grade for which selected for promotion when the transfer was being made because of physical disability or as a result of completing the number of years of service or reaching the age at which his retirement, transfer to the Retired Reserve, or discharge was required by law. An officer would not be promoted if such transfer was the result of a member's failure to comply with the standards and qualifications necessary for retention of active Reserve status (Title 10, USC, section 1002). 2. AR 635-5 (Personnel Separations), in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army. It states for item 4a (Grade, Rate or Rank) enter active duty grade or rank and pay grade at time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006012 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1