MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 of his military records to show he was promoted effective 25 May 1994, while on active duty, and he is due back pay and allowances 

APPLICANT STATES:  Since he was promoted while he was on active duty he is due the loss of grade and pay from 25 May to 31 August 1994.

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

The applicant was appointed and entered the Regular Army as a second lieutenant effective 9 June 1989.  He was promoted to first lieutenant effective 
26 May 1990.

He was not selected for promotion to captain in the Regular Army and he was discharged for this reason on 31 August 1994.  He was separated in the rank of first lieutenant.  He then requested and was appointed in the Reserve as a first lieutenant effective 1 September 1994.

His PED (promotion eligibility date) for captain was 1 September 1994, based on completion of 3 years of time in the lower grade and 7 years of promotion (commissioned) service, and the effective date of his appointment in the Reserve.

On 1 March 1996 he was notified by letter by the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) that he was selected for promotion in the Reserve to captain with an erroneous PED of 25 May 1994.  The correct PED was 1 September 1994.

On 3 December 1998 he was issued a corrected memorandum for promotion to captain, showing the effective date for promotion was 15 December 1995, the date the promotion board adjourned, and a date of rank of 1 September 1994, the correct PED for that grade.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies the PED is the earliest date on which an officer who is recommended and selected may be promoted to the next higher grade.

The Chief, Reserve Promotions and Notifications Branch, PERSCOM, advised a staff member of the Board on 27 October 1998 that the applicant’s proper PED for captain was 1 September 1994, the date he entered the Reserve as an officer following discharge from the Regular Army.

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 applicant is not entitled to promotion to captain as a Reserve officer, or back pay, for his Regular Army service.  He was not recommended/selected or promoted and did not serve as a captain in the Regular Army.  He is also not entitled to pay as a captain without having served in that grade.

2.  He was discharged from the Regular Army on 31 August 1994.  He could not be promoted in the Reserve on or prior to that date.  His eligibility for promotion in the Reserve started on 1 September 1994, having been discharged from the Regular Army and appointed in the Reserve.  His proper PED was 1 September 1994.  He should not expect to be promoted effective on a date he was in the Regular Army and was twice passed over for that rank at the time.

3.  It is noted the dates of his promotion to Reserve captain have been corrected by the Army Reserve Personnel Command.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director