MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999025188

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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:  Consideration for promotion to lieutenant colonel (LTC).

APPLICANT STATES:  That he believes that an injustice has occurred as a result of loss time from his date of rank which has prevented him from competing in his original year group for promotions.

EVIDENCE OF RECORD:  The applicant's military records were not available for review by this Board.  Information herein was obtained from the US Total Army Personnel Command:

The applicant executed his oath of office on 4 January 1980 and he was promoted to first lieutenant (1LT) on 4 July 1981.  He was discharged from active duty on 23 May 1983, and he was transferred to the USAR as a first lieutenant (1LT).

On 3 January 1986, he was promoted to the rank of captain and he was promoted to the rank of major on 2 January 1993.

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the US Army Total Army Personnel Command (PERSCOM).  It states, in effect that a Reserve 1LT must have 6 years of commissioned service before becoming eligible for promotion to captain and based on his appointment date his correct date of rank to captain was 3 January 1986.  PERSCOM further states that his correct date of rank to major was 2 January 1993 and that his promotion eligibility date to LTC is 1 January 2000.  The staff advisory opinion provides no information, advice or recommendation which would constitute a basis for granting the relief requested.

The opinion was provided to the applicant for response and to date no reply has been received by the Board.

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 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.

2.  The applicant’s contentions have been noted by the Board.  However, once the applicant was released from active duty and was transferred to the USAR, his eligibility for promotion changed to the criteria established under his new status.  Inasmuch as he has failed to provide evidence to show that his date of rank was improperly computed in the USAR under the applicable regulations in effect at the time, there is no basis to change his date of eligibility for promotion. 

3.  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

__cmf___  __cla  ___  __mm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025188	
SUFFIX		
RECON		
DATE BOARDED	1999/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.  315	131.0500	
3.		
4.		
5.		
6.