PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 September 1999                   
	DOCKET NUMBER:   AR1999016858

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 her date of rank be changed to 27 March 1997.

3.  The applicant states that her date of rank should have been the date the list was released instead, it was the date the promotion orders were processed.  Since she was in an 0-5 position on 27 March 1997, the orders should have had an effective date of promotion of 27 March 1997.  The 15 April 1997 date is incorrect and arbitrary.

4.  The applicant’s military records are not available.  The information contained herein was obtained from alternate sources.

5.  On 18 March 1997, orders were published reassigning the applicant, who was then a Major, to the 310th TAACOM (Theater Army Area Command), 4th Movement, paragraph 101 line 01.  The 310th TAACOM has verified that this paragraph and line number is an 0-5 position.

6.  On 27 March 1997, the Fiscal Year 1996 Lieutenant Colonel (U. S. Army Reserve) list was released.  On 15 April 1997, the applicant was notified of her promotion to Lieutenant Colonel with a date of rank and effective date of 15 April 1997.

7.  The Office of the Chief, Army Reserve has verified that an officer can be promoted as soon as a promotion list is released provided he or she is in a slot for the higher grade.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.  The evidence shows that the applicant was assigned to an 0-5 position on 27 March 1997, the date the Lieutenant Colonel promotion list was released.  Under the Reserve Officer Personnel Management Act, this entitled her to a date of rank effective the date the list was released.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant was promoted to Lieutenant Colonel effective 27 March 1997 with a date of rank of 27 March 1997 and that any back pay and allowances due her as a result of this correction be paid to her.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __tnk___  __jma___  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016858	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.	131.05	
3.		
4.		
5.		
6.