PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            28 July 1999
	DOCKET NUMBER:   AR1999026282

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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 his date of rank (DOR) and effective date for promotion to the rank of lieutenant colonel (LTC) be changed to 22 June 1996.

3.  The applicant states that he previously applied to the Board for constructive credit and the Board approved his request.  Consequently, he was considered by a special selection board and the effective date for promotion to the rank of major was changed to I year earlier.  Since he is serving in the rank of lieutenant colonel his effective date and DOR should also be adjusted to 1 year earlier     (22 June 1996).

4.  The applicant’s military records show that on 3 March 1999 the Total Army Personnel Command (PERSCOM) published orders adjusting the applicant’s DOR for promotion to the rank of major from 22 June 1991 to 22 June 1990.

5.  In the processing of this case a staff advisory opinion was obtained from the PERSCOM Promotions Branch, which opined that based on the applicant’s adjustment of his DOR for promotion to the rank of major, his DOR for promotion to the rank of LTC should be adjusted accordingly to 22 June 1996.

CONCLUSIONS:

1.  Inasmuch as the applicant was awarded additional constructive credit that resulted in a 1-year adjustment of his DOR to the rank of major, it is reasonable that it affected/delayed his promotion to the rank of LTC.

2.  Accordingly, it would be in the interest of justice to adjust his DOR and effective date of promotion to LTC to 22 June 1996, with entitlement to all pay and allowances from that date.

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 by showing that the individual concerned was promoted to the rank of LTC effective 22 June 1996 with a DOR of the same date and entitlement to all back pay and allowances.

BOARD VOTE:  

___lem __  __fe____  ___mvt __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______F. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026282	
SUFFIX		
RECON		
DATE BOARDED	1999/07/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  315 	131.0500/DOR	
2.		
3.		
4.		
5.		
6.