PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 August 2000                   
	DOCKET NUMBER:   AR2000039481

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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, in effect, that his promotion to first lieutenant (1LT) be made effective retroactive to 28 May 1996 with all due back pay and allowances.

3.  The applicant states that he was commissioned in May 1993.  Promotions to 1LT are supposed to be automatic after three years.  He was not promoted to 1LT until January 2000.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources and documents provided by the applicant.

5.  On 1 May 1993, the applicant was commissioned a second lieutenant (2LT) out of the Reserve Officer Training Corps (ROTC) and as a member of the ROTC Early Commissioning Program (non-unit).  He was assigned to the USAR Control Group OADO (officer active duty obligor) on this date.  His date of rank was      29 May 1993.  On 18 January 1994, he was assigned to the 3d Battalion 75th Field Artillery.  His unit was deactivated and he was assigned to the Individual Ready Reserve (IRR) on 9 December 1996.  He was transferred from the IRR to the 414th Military Police Company on 24 August 1998.  

6.  On 27 April 1999, the applicant completed the resident Military Police Officer Basic Course (OBC).

7.  On 9 December 1999, the Army Reserve Personnel Command                   (AR-PERSCOM) notified the applicant that he had been promoted as a Reserve 1LT with a date of rank of 28 May 1996.

8.  Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the Army National Guard of the United States and the U. S. Army Reserve (USAR).  In pertinent part, it states that a USAR 2LT will be considered for promotion without review by a selection board.  The officer’s records will be screened to determine eligibility for promotion to the next higher grade.  This will be determined far enough in advance to permit promotion on the date promotion service is completed.  For promotion to 1LT, this will be after 3 years of service in the rank of 2LT.  A 2LT is normally required to have completed the resident OBC before becoming eligible for promotion to 1LT.  However, officers assigned to Control Group OADO and former OADO officers (including Early Commissioning Program participants) transferred to the Control Group (Annual Training) or the Selected Reserve preceding their promotion eligibility 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 resident OBC at a subsequent date.

9.  On 6 July 2000, AR-PERSCOM informed the Board that it appeared the applicant’s promotion case got “lost” because on 9 December 1999 they went out and requested documentation to show he met the promotion eligibility criteria.  That is where the 9 December 1999 date on his letter came from.  The late promotion was not due to his late completion of OBC because he was not required to complete OBC to get promoted.

CONCLUSIONS:

1.  The regulation states that an officer’s records will be screened to determine eligibility for promotion to the next higher grade and this will be determined far enough in advance to permit promotion on the date promotion service is completed.  In December 1999, AR-PERSCOM determined that the applicant met the promotion eligibility requirements to 1LT as of 28 May 1996.  The Board concludes that the applicant would have been promoted to 1LT on 28 May 1996 except for an administrative oversight.  It would not be fair or just to deny him any due back pay and allowances he would have been paid had his promotion been made in a timely manner.  

2.  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 that the applicant was promoted to first lieutenant as a Reserve commissioned officer of the Army effective 28 May 1996 with a date of rank of 28 May 1996.

2.  That the applicant be paid any and all due pay and allowances he would have received retroactive to 28 May 1996 as a result of the above correction.

BOARD VOTE:  

__mdm___  __js____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Mark D. Manning
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039481	
SUFFIX		
RECON		
DATE BOARDED	20000810	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.		
3.		
4.		
5.		
6.