MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 June 1999                  
	DOCKET NUMBER:   AR1998005160

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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:  Correction to her effective date of promotion to lieutenant colonel.

APPLICANT STATES:  Her effective date does not reflect her true date of rank and prejudices her for pay purposes and to seek promotion.  She submits a copy of her promotion letter dated 25 July 1994, Memorandums dated 6 March 1995 and 30 May 1996, and a promotion qualification statement in support of her application.

EVIDENCE OF RECORD:  The applicant's military records show:

She was appointed in the Reserve, Army Nurse Corps as a first lieutenant effective 16 July 1980.  She was ordered to active duty on 1 September 1981.  She was promoted to captain effective 15 March 1982 with a date of rank of 1 September 1981.

She was separated from active duty on 31 August 1984 and assigned to the USAR Control Group (Reinforcement).  Based on the 7 years time in grade requirement, her promotion eligibility date (PED) for promotion to major was 31 August 1988.  She was promoted to major in the USAR effective 31 August 1988.

She was erroneously given a PED for promotion to lieutenant colonel of 13 July 1993.  She was promoted to lieutenant colonel effective 13 July 1993.  Based on the 7 years time in grade requirement, her PED should have been 30 August 1995.

A promotion memorandum, dated 6 October 1995, was corrected to show her PED to lieutenant colonel as 30 August 1995.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation specifies that the effective date of promotion is the date the officer is eligible for pay and allowances in the higher grade.  The regulation further provides that the officer’s PED will become the officers’ DOR upon promotion.  The DOR will be used to establish the PED to the next grade.

In an advisory opinion (COPY ATTACHED) from the Army Reserve Personnel Command, Military Personnel Actions Branch (MPAB), it was expressed the applicant was promoted to captain on active duty with a DOR 1 September 1981 and her PED to major 31 August 1988 (7 years time in grade from her captain DOR).  The requirement for promotion to LTC is also 7 years time in grade, 

making her PED to lieutenant colonel 30 August 1995.  Therefore, the Selection for Promotion memorandum issued by the Total Army Personnel Command, dated 25 July 1994 and the Promotion Memorandum issued by headquarters, Army Reserve Command, dated 6 October 1995, showing her PED as 13 July 1993, are incorrect.  Further, the promotion memorandum has been correct to show her PED to LTC was 30 August 1995.

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 10 May 1999.  She did not respond.

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 view of all of the circumstances in this case, the applicant is not entitled to an earlier promotion effective date to lieutenant colonel.  She has not shown error or injustice for the relief she is now requesting.

2.  Her contention that her true date of rank is not reflected has been noted by the Board; however, upon her release from active duty she retained her active duty DOR to captain of 1 September 1981.  The Board further notes that the applicant was eligible for promotion to major effective 30 August 1988 and lieutenant colonel effective 30 August 1995, upon completion of the required 7 years time in grade for promotion to each grade.  

3.  It is also noted that the applicant was erroneously provided a promotion memorandum showing her PED as 13 July 1993.  The applicant has since been provided a corrected promotion memorandum showing her correct PED to lieutenant colonel as 30 August 1995, with the same effective date.

4.  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.

5.  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

jma_____  mhm____  alr ______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10500, AR199805160	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 June 16	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131.00		
2.		
3.		
4.		
5.		
6.