MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  22 June 2000
	DOCKET NUMBER:  AR2000035861

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

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Arthur A. Omartian		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:  Correction to his date of rank (DOR) for first lieutenant (1LT) and consequently adjust his DOR for captain.

APPLICANT STATES:  He was ordered to active duty for training while finishing his degree as an Early Commissioning Program (ECP) participant, and as an ECP participant, he was eligible for promotion to 1LT without completion of the resident officer basic course (OBC).  His current DOR for 1LT is the day after he completed the OBC.  He submits a letter dated 17 December 1999 to the Army Board for Correction of Military Records and his officer record brief in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Reserve from ROTC as a second lieutenant effective 14  May 1988. 

He was appointed in the Texas Army National Guard (TXARNG) as a 2LT effective 17 October 1988.  He was released from the TXARNG effective 6 October 1989 and transferred to the USAR Control Group (IRR).

Based on the required 3 years time grade he was promoted to 1LT effective 24 May 1991 and based on the required 4 years time in grade he was promoted to captain effective 23 May 1985.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that ROTC graduates who accept appointment in May or June of any year will have their promotion service computed from the date of graduation of cadets of the United States Military Academy (USMA) in that year.

This regulation further provides that ECP participants transferred to the Control Group (Annual Training) or Selected Reserve preceding their promotion eligibility date (PED) to 1LT are not required to meet the educational requirement for promotion to 1LT.  Promotion under these circumstances does not negate the requirement to complete the OBC at a subsequent date.  

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion that the applicant was commissioned in the USAR effective 14 May 1988 upon completion of ROTC.  In accordance with Army Regulation 135-155, paragraph 4-17, an officer will be promoted to 1LT upon completion of 3 years time in service.  However, those individuals commissioned in May or June upon completion of ROTC will have their service computed from the date of graduation of the military academy.  The military academy graduated on 25 May in 1988; therefore, his 2LT DOR was 25 May 1988, and he was not 

eligible for promotion to first lieutenant until 24 May 1991.  His DOR is not based on the day he completed the OBC.  Promotion to captain required 4 years time in grade; therefore, his PED was 23 May 1995.  He was promoted to captain on this date; therefore, no action is required.  It was recommended that the applicant’s request be denied.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 18 April 2000.  He did not respond.

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 view of the circumstances in this case, the applicant is not entitled to a change in his DOR’s for 1LT and captain.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that as an ECP participant he was not required to complete the OBC for promotion to 1LT has been noted by the board; however, since the applicant was also a ROTC graduate at the time of his commission and was appointed in May, his appointment date was computed from the date of graduation for the USMA for that year.  His appointment date was properly computed to reflect 25 May 1988, the USMA graduation date for the year 1988.

3.  It is further noted that as a Reserve officer, the applicant must have served in the rank of 2LT for 3 years in order to be promoted to 1LT.  Since his DOR was adjusted to 25 May 1988, he was not eligible for promotion to 1LT until 24 May 1991.  

4.  The Board further notes that the applicant as a ECP participant was not required to complete the OBC to be eligible for promotion to 1LT; however, his DOR for 1LT was not based on the day he completed the OBC.

5.  The Board concludes that based on the 4 years time in grade requirement as a 1LT, the applicant was properly promoted to captain with a DOR of 23 May 1995.

6.  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 this requirement.

7.  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

__ls___  ___ra_____  __ao______  DENY APPLICATION

		       Carl W. S. Chun
	                                        Director, Army Board for Correction
	                                                      of Military Records

INDEX

CASE ID	AR2000035861	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
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.