PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  14 September 2000
	DOCKET NUMBER:  AR2000035256

	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. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Margaret Patterson		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 correction to his date of rank (DOR) for major to 1 August 1996.  In a second application he requests that his DOR’s for first lieutenant, captain and major be adjusted to 12 December 1981, 12 December 1986 and 12 December 1993, respectively, and for scheduling for the lieutenant colonel promotion board.

3.  The applicant states that he completed all requirements for promotion to captain and major for the 1997 selection board.  He further states that his appearances before promotion boards have been consistently later and after the mandated date.  He submits a copy of his promotion memorandum dated 4 September 1997 and a letter dated 16 November 1999 to his representative in support of his request.

4.  The applicant’s military records were not provided to the Board.  Information herein was obtained from the Office of Promotions, Reserve Components which show that the applicant, while serving as a Reserve, Army Medical Department (AMEDD), was considered and selection for promotion to major by the 1997 Reserve Components Selection Board (RCSB).

5.  The applicant’s DOR’s for first lieutenant and captain are 3 August 1985 and 2 August 1989, respectively.

6.  The applicant was issued orders for promotion to major effective 1 February 1991 and with a DOR of rank of 2 August 1989 (sic).  

7.   A correction memorandum dated 4 September 1997, was issued to show his DOR was 22 July 1997, the date the President approved the 1997 board.

8.  Promotion eligibility for lieutenant colonel requires 7 years of time in the lower grade.  He will reach his maximum time in grade date for lieutenant colonel on 31 July 2003.

9.  The Chief, Promotions Branch, Total Army Personnel Command, expressed the opinion the applicant was selected on the 1997 AMEDD RCSB and original orders were issued with an effective date of 1 February 1991 and a DOR of 2 August 1989.  His promotion letter was dated 4 September 1997, with a DOR of the same date, which is in compliance with the Reserve Officer Personnel Management Act.  A correction memorandum was issued showing his DOR for major as 22 July 1997.  Based on the time in grade requirement for promotion to major of 7 years, the applicant’s promotion eligibility date was 1 August 1996.  It was recommended that his date of rank be corrected to 1 August 1996.  He further stated that the applicant’s microfiche does not support his request for correction to his DOR’s for first lieutenant, captain and scheduling for the lieutenant colonel promotion board.

10.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 20 June 2000.  The applicant concurred on 25 June 2000.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 1 August 1996, based on the time in grade requirement for promotion to major.

2.  The evidence of record shows his captain DOR as 2 August 1989, with a maximum time in grade date for promotion to major as 1 August 1996.  This is the date he was entitled to for promotion purposes.

3.  The applicant has not shown to the satisfaction of the Board that his DOR’s for first lieutenant and captain are in error, or for scheduling for the lieutenant colonel promotion board.  Based on his DOR for major, he is eligible for promotion to lieutenant colonel in 2003.

4.  The preceding is supported by the opinion received in this case.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major with a date of rank of 1 August 1996.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

__ro___  ___ea__  __mp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor____
		        CHAIRPERSON

INDEX

CASE ID	A2000035356	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000914	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.