IN THE CASE OF: BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220009719 APPLICANT REQUESTS: 1. Advancement on the retired list to the highest grade held of colonel (COL)/O-6. 2. Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 31 January 1989, to show the Flight Surgeon Course instead of an Aeromedical Evacuation Officer Course. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 10 May 2022 * DD Form 149 (Application for Correction of Military Record), 11 May 2022 * DA Form 2-1 (Personnel Qualification Record) * DD Form 214, 31 January 1989 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to revise the date of his Flight Surgeon Officer Course. 3. The applicant states: a. He completed the Flight Surgeon Course in 1976, but his DD Form 214 shows he completed the course in 1977. b. At the time of his retirement, the Retirement Noncommissioned Officer stated that he would advance to the highest grade held on active duty after 10 years of retirement. He retired with the faith that he was given the correct guidance. 4. The applicant’s service record shows: a. Officer Record Brief shows under: (1) Section III (Service Data) shows the applicant's Pay Entry Base Date as 7 November 1968. He was promoted with the following Active Date of Rank (ADOR) and Permanent Date of Rank (PDOR): * Lieutenant Colonel (LTC)/O-5 – ADOR was 11 December 1980 * Colonel (COL)/O-6 – ADOR was 11 December 1986 (2) Section VI (Military Education) shows the applicant completed the Army Aviation Medicine Basic, 1976 b. DA Form 2-1 (Personnel Qualification Record) shows under Section II (Classification and Assignment Data) the applicant's military occupational specialty (MOS) was * 61N9D (Flight Surgeon), 1 March 1976 * 60J9B (OB-GYN), 10 February 1984 c. On 29 September 1969, the applicant was commissioned as a Reserve Officer in the rank/grade 2LT/O-1. d. Orders Number 117-006 issued by the U.S. Army Military Personnel Center, dated 7 November 1986, promoted the applicant to COL/O-6, effective 11 December 1986. e. On 22 June 1988, Memorandum, Subject: Voluntary Retirement as an Exception to Policy, was submitted by the applicant wherein paragraph 11 he states "I have read and understand the provisions of paragraph 4-31, Army Regulation (AR) 635-100 (Officer Personnel) pertaining to determination of my retired grade. Considering those provisions, and after a review of my records, I believe that I am entitled to retire in the grade of COL/O-6, and request as an exception to policy that I be granted a waiver of 10 months and 11 days of promotion obligation. I understand that final determination of my retired grade will be made by Headquarters Department of the Army, and that I will be informed if I am not entitled to retire in the grade I have specified in this paragraph." f. DA Form 3713 (Data for Retired Pay), dated 1 September 1988, shows the applicant's retired grade was Lieutenant Colonel (LTC)/O-5, his retired pay grade was LTC/O-5, and his highest held grade was COL/O-6. g. DA Form 4240 (Data for Payment of Retired Army Personnel) dated 22 June 1988 shows the applicant's retired pay grade as COL/O-6. h. Orders Number S170-9 issued by the U.S. total Army Personnel Agency (Provisional) dated 1 September 1988, retired the applicant from active service, effective 31 January 1989. His retired rank/grade was LTC/O-5. i. DD Form 214, ending on 31 January 1989, shows the applicant was retired from active duty by reason of sufficient service. * Block 4a (Grade, Rate or Rank) – COL. * Block 4b (Pay Grade) – O-6. * Block 11 (Primary Specialty) – 60J9B (Aeromedical Evacuation Officer). * Block 12a (Date Entered Active Duty Service) – 15 January 1969. * Block 12c (Net Active Service This Period) – 20 years, 0 months, and 16 days 5. Board for Correction of Military Records letter, dated 15 June 2000, denied the applicant's request for advancement on the retired list to the highest grade held. The Board cited Title 10, USC, section 3964 (Higher grade after 30 years of service: ?warrant officers and enlisted members) which stated that each retired member of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army. The section applied to Warrant Officers of the Army; enlisted members of the Regular Army; ?and Reserve enlisted members of the Army serving on active duty. The Board further stated that he retired in a commissioned officer grade and neither the Army Grade Determination Review Board nor the ABCMR could grant relief. His application was closed without action by the Board. 6. On 20 September 2018 and in ABCMR Docket Number AR20160010536, by letter, the applicant's case was administratively closed citing Title 10, USC, section 3964. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. By regulation, to be eligible for voluntary retirement, in a grade above major, and below lieutenant general, a commissioned officer must have served on active duty in that grade for three years. Additionally, 10 USC section 3964 which authorizes a member to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army, when their active service plus his service on the retired list totals 30 years, applies to warrant officers and enlisted Soldiers. 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: Except for the correction addressed in Administrative Note(s) below, 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214, for the period ending 31 January 1989 by amending it as follows: a. Delete in item 24 (Military Education) Aeromedical Evacuation Officer, 8 weeks (1977). b. Add in item 14 Air Ambulance Basic Course, 7 weeks (1976). 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 2-1 (Personnel Qualification Record) * DD Form 214 * Army Regulation (AR) 635-5 (Separation Documents) 3. Please correct the applicant’s DD Form 214 by amending it as shown in paragraph 1a and b above and provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant’s official military personnel record. ? 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. AR 635-5 (Separation Documents) then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states for Item 14 (Military Education) to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed. 3. Title 10, USC, section 3964 states, each retired member of the Army covered by subsection (b) (warrant officers and enlisted members) who at the time of retirement, are serving on active duty is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army. 4. AR 635-100 (Officer Personnel) in effect at the time states in paragraph 4-31 (3)(a) (Retired Grade Voluntary Retirement) states in order to be eligible for voluntary retirement, including retirement under paragraph 4-29 (Retirement of regular officers for substandard performance of duty or for certain other reason) of this regulation, in a grade above major and below lieutenant general, a commissioned officer must have served on active duty in that grade for three years. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009719 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1