MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         4 November 1998                     
	DOCKET NUMBER:   AC98-11051

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 records be corrected by granting him back pay for a retroactive promotion.

APPLICANT STATES:  That a special branch promotion determination was announced after he entered active duty, and that he was paid as an 01, when he should have been paid as a 02.  The applicant submits several leave and earnings statements.

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

On 25 August 1995, the applicant was ordered to active duty in the grade of first lieutenant, for a period of 3 years, as a Chaplain.

In accordance with Army Regulation 600-8-29 (Officer Promotions), members of the Chaplains Corps who enter active duty in the grade of first lieutenant will have a computation done to establish the members correct date of rank (DOR). This computation is based on the entry grade credit awarded to the member, and the minimum time in grade requirement for promotion to first lieutenant. 

On 6 February 1996, the Total Army Personnel Command (PERSCOM) announced a date of rank determination for the applicant of 25 February 1994.  

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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3. There is no monetary benefit connected with the applicants DOR determination, this action was not a promotion.  

4.  The leave and earning statements the applicant submitted reflect his correct grade and pay status for that period of time.

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