MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            13 May 1999                  
	DOCKET NUMBER:   AR1998008685

	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. Raymond V. O’Connor		Chairperson	
	Mr. Samuel Caldron		Member	
	Mr. Kenneth L. Wright		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 her records be corrected to show that she was commissioned in the rank of Captain. 

APPLICANT STATES: That she was not aware of “Ranking” possibilities.

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

On 12 December 1989, the applicant initiated an application for appointment under Army Regulation 135-101 (Appointment of Reserve Commissioned Officers for Assignment to Army Medical Department Branches).

On 22 June 1990, in response to her application, Army Reserve Officer Procurement Division officials evaluated her qualifications and experience.  The result of that evaluation was the awarding of 3 months credit for professional experience.  Her entry rank was determined to be second lieutenant.

On 22 September 1990, he applicant was commissioned in the Army Reserve, in the rank of second lieutenant.

On 20 April 1998, the Army Reserve Program Manager, United States Army Recruiting Command reviewed the applicant’s military records and civilian work experience and found that the initial rank determination of second lieutenant was correct (COPY ATTACHED).

On 29 April 1999, the applicant responded to the recruiting command opinion.  She indicates her issue is with the civilian experience (COPY ATTACHED).  She indicates she had been a registered nurse for greater than 25 years and that she had never worked on a part time basis.  She further indicates she was hired as half time.

Army Regulation 135-101, indicates, in pertinent part, that determination of entry grade for officers not ordered to active duty will be determined by comparing the entry grade credit awarded with the phase points.  The comparison is less than    3 years – second lieutenant; 7 years or more, but less than 14 – captain; and,   14 years or more, but less than 21 – major.

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, it is concluded:

1.  The evidence of record shows the applicant’s civilian work experience was appropriately evaluated under Army Regulation 135-101 and that constructive credit was awarded.

2.  There is no evidence of error or injustice.
3.  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.

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

RVO____  SC _____  KLW____ DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998008685	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 May 13	
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         1.129	Promotion to Captain 	
2.		
3.		
4.		
5.		
6.