PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             28 September 2000                  
	DOCKET NUMBER:    AR2000035785

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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) to major be adjusted from 1 September 1994 to 1 April 1998.

3.  The applicant states that while a captain, he was injured in an automobile accident that left him in a coma for three weeks.  As a result of his injuries, he was placed on the Temporary Disability Retired List (TDRL) from 14 June 1991 to 26 February 1996.  He was promoted to major on 1 April 1998 and his DOR was adjusted to 1 September 1994.  The adjustment to his DOR has had serious repercussions on his career.  Less than one year after his promotion to major, he was considered for lieutenant colonel (LTC) but was not selected.  He contends that he was not selected because he had not had the opportunity to attend the appropriate schools or to receive the officer evaluation reports (OERs) that a major would normally have received before being considered for promotion.  He has also been notified that he was not selected for attendance at the residence Army Command and Staff College (CSC).  He is attempting to make up for the time lost due to his disability.  He has enrolled in a non-resident CSC and he is currently serving in a branch qualifying position.  He believes that these efforts should result in his obtaining OERs and developing a record so that the next LTC promotion selection board will have more information about his performance to consider.

4.  The applicant’s military records show that he entered active duty on 10 November 1982 and was subsequently promoted to first lieutenant and captain.  On 16 August 1998 he was a passenger in a one-car vehicle accident in which the driver was killed and he was seriously injured.  He was placed on the TDRL on 14 June 1991 and found fit to return to duty on 26 February 1996.  He is currently a major on active duty with a DOR of 1 September 1994.   

5.  Upon his return to active duty from the TDRL the applicant was eligible for promotion consideration to major.  His records were placed before a Special Selection Board under the criteria of the Fiscal Year (FY) 1993 Major, Promotion Selection Board that would have considered him for promotion.  He was selected and the promotion board was approved on 13 January 1998.  Accordingly, his DOR was adjusted to 1 September 1994 to coincide with the DOR of the other officers selected by the FY 93 Major Selection Board. 

6.  His 1 September 1994 DOR as a major placed him in the zone of consideration for promotion to LTC.  He was considered by the FY 99 LTC Army Promotion Selection Board but was not selected.

7.  In the processing of this case, a staff advisory opinion was obtained from the US Total Army Personnel Command (PERSCOM).  The PERSCOM recommends that the applicant’s DOR be adjusted to 1 April 1998 in order to give him more time to become competitive for promotion.  With a 1 April 1998 DOR, he will be first considered for promotion to LTC on or about FY03.  The applicant concurred with the DCSPER’s opinion.
CONCLUSIONS:

1.  The applicant’s prolonged TDRL status denied him the opportunity to compete for assignments, schools and to receive OERs that would have made him competitive for promotion.  The lack of these items from his official files placed him at a disadvantage with his contemporaries, consequently, he was not selected for promotion to LTC.

2.  Considering the circumstance of this case, it would be appropriate to adjust the applicant’s DOR to coincide with his actual DOR upon his promotion to            major – 1 April 1998, and remove from his records any evidence of his previous non-selection for promotion and attendance at the Army CSC.

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:

	a.  adjusting the DOR to major of the individual concerned to 1 April 1998; and

	b.  removing from his Official Military Personnel Files any evidence showing he has previously been non-selected for promotion to LTC and attendance at the Army CSC.

BOARD VOTE:  

__rvo____  ___dph__  __emw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Raymond V. O'Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035785	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  102.07		
2.   131.10		
3.		
4.		
5.		
6.