MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 August 1999                  
	DOCKET NUMBER:   AR1998013531

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		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 date of rank for lieutenant colonel from 4 December 1997 to 28 June 1996.

APPLICANT STATES:  That according to her “Eligibility for Promotion” letter from the Chief, Office of Promotions, her date of rank should be 28 June 1996, not 4 December 1997, the date the promotion letter was produced.  She submits a copy of her promotion letters dated 9 September 1996 and 4 December 1997 in support of her request.

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

She was appointed in the Reserve, Army Nurse Corps, as a second lieutenant effective 28 November 1969.  She entered on active duty the same day.  She was promoted to first lieutenant effective 23 September 1970 and captain (temporary) effective 28 November 1971.

She was released from active duty on 10 November 1972 and transferred to the USAR Control Group (Standby).

She was reappointed in the Reserve as a first lieutenant effective 21 April 1983.  She was promoted to captain effective 24 May 1983 and entered on active duty the same day.  She was separated from active duty on 23 May 1986 and assigned directly to a Reserve unit.

She was appointed in the Washington Army National Guard effective 12 February 1989.  She was promoted to major effective 1 July 1990 and based on the required 7 years time in grade her promotion eligibility date for lieutenant colonel was 30 June 1997.

On 9 September 1996, she was notified by memorandum from the Chief, Office of Promotions that her promotion to lieutenant colonel would become effective 30 June 1997 and 28 June 1996 as her date for Federal recognition in the higher grade.

On 4 December 1997, she was notified by memorandum from the Chief, Office of Promotions that she was promoted to lieutenant colonel with a date of rank and effective date of 4 December 1997.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officer.  This regulation specifies that in order to be qualified for promotion to lieutenant colonel an individual must have completed 7 years of time in grade as a major and 17 years of total commission service.  The regulation further provides that individuals will receive mandatory promotion consideration prior to their promotion eligibility date so that, if selected, they may be promoted on their future promotion eligibility date.
Army Regulation 140-10 prescribes the policy governing the assignment of AMEDD officers.  The regulation provides AMEDD officers may be assigned to positions requiring one grade above or two grades below their current rank, provided their military occupational specialty (MOS) is other than the 67/70 series.  

The Chief, Promotion and Notifications Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that the applicant was a member of the National Guard when the results of the 1996 AMEDD promotion board were released; therefore, her notification letter was forwarded to the National Guard Bureau (NGB).  This letter states that her promotion eligibility date would be 30 June 1997, and 28 June 1996 as the date Federal recognition was extended in the higher grade or the date following termination of Federal recognition, whichever is the later of the dates.  The officer is requesting her date of rank be changed to 28 June 1996, the date shown after B, which was the date the board adjourned.  Prior to being promoted in the NGB, she transferred to a Reserve unit and an officer in a Reserve unit must be serving in the higher graded position and be qualified for promotion.  Information available in this office indicates that she assumed the higher graded position on 2 December 1997; however under the provisions of Army Regulation 140-10, and since her MOS is 66H (Registered Nurse), she was eligible for promotion to lieutenant colonel upon arrival in the Reserve unit, which was 24 December 1996.  Action has been taken to issue a corrected promotion order showing her date of rank as 24 December 1996.  The original letter has been forwarded to the officer.  It was recommended that the application be denied in excess of 24 December 1996.

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 24 June 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 the circumstances in this case, the applicant is not entitled to correction to her date of rank for lieutenant colonel to 28 June 1996.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that her date of rank should be 28 June 1996 and not 4 December 1997, the date the promotion letter was produced has been noted by the board; however, based on her promotion eligibility date of 30 June 1997 for lieutenant colonel, she had not served the required 7 years time in grade on that date.  It is concluded that the applicant is not eligible for a date of rank of 28 June 1996, as this was the date the 1996 board adjourned and not her promotion eligibility date.

3.  The Board also notes that the Office of Promotions, PERSCOM, has determined that the applicant was eligible for a date of rank of 24 December 1996, based upon her MOS and the date of her arrival in a Reserve unit.  Corrective action has been taken by that office.

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

slp______  sc______  bje______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013531	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 26	
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.