MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            22 September 1999
	DOCKET NUMBER:   AR1998012627

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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) for promotion to the rank of first lieutenant (1LT) be corrected to reflect a DOR of 12 May 1993.

APPLICANT STATES:  That he was commissioned as a second lieutenant on 13 May 1990 and he should have been promoted to the rank of 1LT on the anniversary of his third year of service (12 May 1993); however, he was not promoted to the rank of 1LT until 30 May 1993.

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

The applicant was commissioned as a USAR second lieutenant (2LT) upon graduation from ROTC on 13 May 1990.  He was promoted to the rank of 1LT on 30 May 1993 and to the rank of captain on 25 June 1998.

Army Regulation 135-155 provides policy and procedures for the promotion of USAR and National Guard officers and warrant officers.  It states, in pertinent part, that ROTC graduates who accept appointment in May or June of any year will have their promotion service computed from the date of graduation of cadets of the United States Military Academy (USMA) in that year.  The class of 1990 graduated on 31 May 1990 and the requirement for promotion to the rank of 1LT is 3 years of promotion service. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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 was commissioned in the rank of 2LT in May 1990; therefore; in accordance with the applicable regulations, his promotion to the rank of 1LT had to coincide after 3 years of promotion service with the graduating class of the USMA which occurred on 31 May 1990.  Accordingly, he was properly promoted to the rank of 1LT on 30 May 1993, 3 years after the USMA graduating class. 

3.  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

___mkp__  ___jpi___  __clg____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012627	
SUFFIX		
RECON		
DATE BOARDED	1999/09/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  315 	131.0500/DOR	
2.		
3.		
4.		
5.		
6.