MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1998013571

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

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his date of rank (DOR) to CW2 be changed from 6 August 1988 to 6 August 1987.

APPLICANT STATES:  That he should have been promoted to CW2 on 6 August 1987 because he met the 2-year time-in-grade requirement.  He further states that if he had been promoted to CW2 on 6 August 87, he would have been promoted to CW3 on 6 August 93 and to CW4 in 1998.  In support of his appeal, he submits copies of his orders promoting him to CW2 and to CW3.

EVIDENCE OF RECORD:  The applicant's military records were not available for review by the Board.  The information herein was obtained from documentation submitted with his application to this Board.

On 7 July 1988, the applicant was notified by Headquarters, Fifth United States Army that he was promoted to the rank of CW2 with a DOR of 6 August 1988.  He was informed that that his time-in-grade for promotion to the next higher grade would be computed from his effective DOR.

On 31 August 1994, he was notified by the US Army Reserve Command the he was promoted to the rank of CW3 with an DOR of 6 August 1994 and he was informed again that his time-in-grade for promotion to the next high higher grade would be computed from his effective DOR.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the US Army Reserve Personnel Command (ARPERSCOM).  The ARPERSCOM stated that the applicant was promoted to CW2 in accordance with Army Regulation (AR) 135-155 then in effect.  The ARPERSCOM further stated that Change 15 of AR 135-155, effective 1 June 1990, changed the time-in-grade requirements for advancement from  WO1 to CW2 from 3 years to 2 years, that the change was not retroactive, and that it did not effect the DOR of CW2’s promoted  before that date.  The ARPERCEN stated that the applicant was appointed to WO1 on 6 August 1985 which made is DOR to CW2 and CW3 correct.  The ARPERSCOM concluded by stating that the applicant is not eligible for promotion to the next higher grade until 6 August 2000.

The advisory opinion was provided to the applicant for comment; however, to date, no response has been received by the Board.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s contentions have been notified by the Board.  However, they are unsupported by the evidence of record.  He was promoted in accordance with regulations in effect at the time of his eligibility with no violations of any of his rights under existing law and regulations.

3.  The actions by the Army in this case were proper and there is no doubt to be resolved in favor of the applicant.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf ___  __cla___  ___mm__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013571	
SUFFIX		
RECON		
DATE BOARDED	1999/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.  314	131.0400	
3.		
4.		
5.		
6.