PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 December 1998                  
	DOCKET NUMBER:   AC98-12177

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be promoted to captain.

3.  The applicant states that he is currently holding the rank of first lieutenant and should be holding the rank of captain.

4.  The applicant’s military records show that while serving on active duty he was advised that he was eligible for promotion considered by the Fiscal Year (FY) 1996 Captain, Medical Service Corps Promotion Board.  His records were omitted from that board.

5.  He was recommended for promotion by an Army Special Selection Board under the same criteria established for the regularly constituted FY96 selection board that adjourned on 24 May 1996.  His date of rank and effective date was 1 February 1997.

5.  He was released from active duty on 7 April 1997 and transferred the USAR Control Group in the rank of first lieutenant.

6.  In a memorandum dated 23 June 1997, the Chief, Promotions Branch, Total Army Personnel Command (PERSCOM), advised the applicant that since he was on longer on active duty promotion orders could not be issued.  He was also informed that under the Reserve Officer Personnel Management Act (ROPMA) he may apply to the Army Board for Correction of Military Records to request an adjusted date of rank to captain.

7.  The Chief, Promotion and Notifications Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that the applicant was recommended for promotion to captain by an active duty special selection board and given a date of rank and effective date of 1 February 1997.  It was further opined that had the applicant’s records been submitted to the correct board that convened in May of 1996, he would have been promoted well before he was released from active duty on 7 April 1997.  Since ROPMA regulations apply in this case, and the applicant is currently assigned to the control group he will not be eligible for promotion in the Reserve until 2 January 2000.  He recommended that the applicant’s records be correction to show that he was promoted to captain with a date of rank and effective date of 1 February 1997 and his DD Form 214 be corrected to show that he was released from active duty as a captain.

CONCLUSIONS:

1.  The applicant is entitled to correction of his record to show he was promoted to captain with a date of rank and effective date of 1 February 1997.  He is further entitled to correction of his DD Form 214 to show he was separated from active duty in the rank of captain.

2.  The foregoing is supported by the opinion from the Promotions Branch.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by showing the individual concerned was promoted to captain with a date of rank and effective date of 1 February 1997; and

b.  by showing on his DD Form 214 that he was separated from active duty on 7 April 1997 in the rank of captain.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

RVO____  KAK____  LE ______  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12177	
SUFFIX	N/A	
RECON	N/A	
DATE BOARDED	1998 December 23	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.