PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            21 January 1999
	DOCKET NUMBER:   AC98-12902
                                    AR1998012144

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland .		Analyst	

The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his date of rank (DOR) for promotion to the ranks of captain (CPT) and major (MAJ) be corrected to reflect a DOR that is equivalent with that of his peers.

3.  The applicant states that he was promoted to the ranks of CPT and MAJ based on his being designated a year group (YG) 1983 officer.  However, it was subsequently discovered that he should have been designated a YG 1982 and his records were changed accordingly.  He further states that had he been considered for promotion to the ranks of CPT and MAJ his date of rank for CPT would have been 1 September 1986.  However, since he was considered as a YG83 officer, he was promoted to the rank of CPT on 1 October 1986 with the first officers of that YG.  He goes on to state that for promotion to the rank of MAJ, the last officers in his peer YG of 1982 were promoted on 1 June 1994 and that he was promoted on 1 September 1994 with the first officers of YG83.  He continues by stating that had he been promoted with his peers in the proper YG, he would also have been eligible for promotion consideration in the primary zone to the rank of lieutenant colonel (LTC) in March 1998.

4.  The applicant’s military records show that the applicant enlisted in the USAR under the delayed entry plan (DEP) on 2 October 1975.  He enlisted in the Regular Army on 25 June 1976 and continued to serve until he was honorably released from active duty on 24 June 1979 and was transferred to the USAR Control Group (Reinforcement).

5.  On 21 May 1981 he was commissioned as a USAR second lieutenant (2LT).  He was ordered to active duty for training on 25 May 1981 and served for a period of 3 months and 2 days before he was released from active duty for training and was transferred to a USAR Troop Program Unit.

6.  He was ordered to active duty on 7 January 1983 in the rank of 2LT and integrated in to the Regular Army on 6 August 1983 and was designated as a YG83 officer.  He was promoted to the rank of first lieutenant (1LT) on 5 April 1984 and to the rank of CPT on 1 November 1986.  However, on 11 January 1988 the Board directed that his DOR to CPT be changed to 1 October 1986.

7.  A date of rank determination was made by the Total Army Personnel Command (PERSCOM) on 11 August 1988 which changed the applicant’s 1LT DOR to 18 March 1984 and allowed his CPT DOR to remain as 1 October 1986. He was promoted to the rank of MAJ on 1 September 1994.  

8.  The applicant was subsequently notified that his record incorrectly reflected him as a YG83 officer when in fact he was a YG82 officer.  Consequently, the applicant applied to the PERSCOM to have his dates of rank corrected to coincide with promotion selection for YG82 and was informed that he was eligible for promotion reconsideration beginning with his promotion to the rank of CPT. He was also notified that his records would be submitted to duly constituted Special Selection Boards (SSB) for CPT and MAJ and that he would be notified of the results of those boards.

9.  On 18 September 1998 the Office of the Judge Advocate General (OTJAG) informed the Office of the Deputy Chief of Staff for Personnel (ODCSPER) in a memorandum regarding the applicant’s selection by a SSB, in effect, that in order to avoid vacating the applicant’s current rank of MAJ, he should apply to this Board to have his dates of rank corrected.

CONCLUSIONS:

1.  It appears that an administrative error resulted in the applicant being designated as a YG83 officer when in fact he was a YG82 officer.  Consequently, his promotions to the ranks of CPT and MAJ were unjustly delayed and he was not promoted with his peer group.

2.  It also appears that once the error was discovered his request to correct the errors were further delayed by the Department when he was incorrectly informed that action would be taken to place his records before the appropriate SSBs’ in order to correct his promotion dates and DOR.  Such action would have resulted in the applicant having to vacate his promotion to the rank of major in order to accept his correct promotion to the rank of CPT and would have deprived him of a promotion that he had already earned.

3.  Consequently, it would be appropriate for the Board to correct the applicant’s DOR to the rank of CPT to 1 September 1986 and MAJ to 1 June 1994 in order to coincide with promotion of his peers (YG82) to those ranks.

4.  Additionally, if correction of his DOR to the rank of MAJ places him in the primary zone for promotion to the rank of LTC sooner than previously scheduled, he should receive promotion reconsideration by all boards that failed to consider him.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of CPT effective 1 September 1986 with a DOR of 1 September 1986 and to the rank of MAJ effective 1 June 1994 with a DOR of 1 June 1994, with entitlement to all back pay and allowances
.
2.  That the applicant’s records be placed before a duly constituted SSB for promotion to the rank of LTC by all boards that failed to consider him for promotion to that rank.

3.  That in accordance with paragraph 21e, Army Regulation 15-185, following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal be returned to this Board for permanent filing.

BOARD VOTE:  

__kn____  ___jpi ___  __fe ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12902/AR1998012144	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/21	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	    . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.131.0500		
2. 131.0100		
3.		
4.		
5.		
6.