PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           22 August 2000                   
	DOCKET NUMBER:   AR2000037052

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson 		Member	
	Mr. Kenneth W. Lapin		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) for promotion to major be corrected to reflect 1 October 1998.

3.  The applicant states that, based on his promotion to captain on 1 October 1991, his eligibility for promotion to major was 1 October 1998; however, his entry into the Active Guard Reserve (AGR) program on 5 July 1998 prevented consideration by the 1998 Major Reserve Component Selection Board (RCSB).  He adds that his 3 January 2000 DOR to major makes him noncompetitive with his peers.

4.  The applicant’s complete military records were not provided for this review.  Available records show that he was commissioned a second lieutenant in the United States Army Reserve (USAR) upon his completion of Officer Candidate School on 8 August 1986.  He was promoted to captain by US Total Army Personnel Command (TAPC) Order Number 234-81, dated 10 December 1992, with a DOR of 1 October 1991.  This order was later amended by TAPC Order Number 5-24, dated 11 January 1993, to reflect a new DOR of 1 March 1991.  The applicant was honorably discharged on 2 July 1998.

5.  The applicant separated from AD and entered the USAR.  On 5 July 1998, he entered onto AD in the AGR program by US Army Reserve Personnel Command (ARPERCEN) Order Number R-04-002194 and was assigned to the 89th RSC (Regional Support Command), Wichita, Kansas.  While on AGR status, he was selected for promotion to major by the 1999 RCSB.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Promotion and Notification Branch, Office of Promotions, Reserve Components, TAPC, which recommends adjusting the applicant's DOR to major to 5 July 1998.  It states that the applicant was on AD when he met the USAR time-in-grade (TIG) requirement of 7 years to major and was not considered by the 24 March 1998 RCSB.  He was selected by the 2 March 1999 RCSB and promoted to major on 3 January 2000.  The advisory opinion recommends that the applicant's DOR be adjusted to 5 July 1998, the date he assumed a major billet in the AGR program.  The applicant was provided a copy of the favorable advisory opinion for any comment.

7.  Army Regulation 135-155 prescribes the policy and procedures used in selection and promotion of commissioned officers of the Army National Guard as well as commissioned and warrant officers of the USAR.  It states, in pertinent part, that an officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed.  Promotion consideration to the rank of major requires 7 years TIG as a captain.  In order to be promoted, a selected officer must be serving in a position requiring the higher rank.

CONCLUSIONS:

1.  The applicant's 1 October 1991 AD promotion to captain was adjusted by TAPC to 1 March 1991, thereby changing his promotion eligibility date for major to 28 February 1998.

2.  The applicant could not have been considered for promotion to major by the 24 March 1998 RCSB because he remained on AD until 2 July 1998.  The 2 March 1999 RCSB was his first legitimate opportunity for promotion consideration.  He was selected for promotion to major and given a DOR of 3 January 2000, the date of approval of the results of the board by the President.

3.  The applicant entered a major's billet on 5 July 1998 when he entered the AGR program.  It would be appropriate to adjust his DOR to 5 July 1998, while leaving the effective date as 3 January 2000, the date approved by the President.

4.  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 major effective 3 January 2000 with a DOR of 5 July 1998.

BOARD VOTE:  

__ew ___  ___mvt__  __kwl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Edward Williamson_
		        CHAIRPERSON

INDEX

CASE ID	AR2000037052	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	131.0500	
2.		
3.		
4.		
5.		
6.