PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:  19 September 2000
	DOCKET NUMBER:  AR2000041337

	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. Hubert O. Fry		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		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, promotion consideration for captain.

3.  The applicant states, in effect, that he was commissioned a first lieutenant effective 14 September 1998 with 5 years constructive credit and his date of rank should be 14 September 1993, based on this information which the personnel system does not reflect.  He should have been immediately eligible for the first captain promotion board upon entry into the USAR.  He submits a copy of his appointment letter, oath of office, service school academic evaluation report, Army Physical Fitness Test Scorecard, Army Medical Department (AMEDD) office basic course certificate and personnel qualification record in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve, Medical Service Corps, as a first lieutenant effective 14 September 1998, with 5 years constructive service credit (CSC).  His date of rank was 13 September 1995, and his maximum time in grade (MTIG) date for promotion to captain was 12 September 2000.

5.  He was erroneously given a date of rank of 14 September 1998. 

6.  He was erroneously not considered by the 1999 Reserve Components Selection Board (RCSB) that convened on 9 November 1999.  This board considered first lieutenants with a date of rank of 16 May 1996 and earlier.

7.  On 8 September 1999, a staff member of the board contacted an official of the Office of Promotions, Reserve Components and was advised that the applicant may be eligible for promotion reconsideration by a special selection board under 1999 criteria.

8.  Army Regulation (AR) 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection board may only be based on erroneous non-consideration or material error which existed in the record at the time of consideration.

9.  AR 135-155 also specifies that individuals will receive mandatory promotion consideration prior to their MTIG dates so that, if selected, they may be promoted on or before their future MTIG date.

CONCLUSIONS:

1.  The applicant is entitled to correction to his date of rank for first lieutenant to 13 September 1995, and consideration for promotion to captain under 1999 
criteria.  Based on his 5 years CSC, he should have been given 2 years credit as a second lieutenant and an adjusted date of rank for first lieutenant of 13 September 1995.

2.  The Board concludes that had the applicant’s date of rank for first lieutenant been appropriately adjusted, he would have been eligible for promotion consideration for captain in 1999.  The applicant’s records were erroneously not considered by the 1999 RCSB and should now be submitted to a special selection board for promotion reconsideration. 

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual’s date of rank for first lieutenant as 13 September 1995.

2.  That, following administrative implementation of the foregoing, his records be submitted to a duly constituted special selection board under 1999 criteria.

3.  That he be notified in advance of the selection board consideration and provided the opportunity to review his records and to voluntarily correspond to the president of the appropriate selection board(s) to present matters on his own behalf.

4.  That, if he is selected for promotion, he be promoted and assigned an appropriate date of rank.

5.  That, if he is not selected for promotion, he be notified accordingly.

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

BOARD VOTE:  

__hf___  ___rs__  __ji____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John P. Infante_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041337	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
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.