PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  18 January 2001
	DOCKET NUMBER:  AR2000041677

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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 promotion date be adjusted to reflect an earlier date.

3.  The applicant states that he had been selected for promotion while he was assigned to another unit but he was not notified until he was assigned to his current unit.  He believes that his promotion date should be his original eligibility date of 17 July 1996.

4.  The applicant’s military records show that on 30 June 1989 he accepted a USAR appointment to first lieutenant in the Dental Corps.  He entered active duty on 18 July 1989 and was promoted to captain effective that same date.

5.  Effective 17 July 1993 he was separated from active duty and transferred to the USAR to complete his remaining obligation.  He was assigned to a USAR medical company when he was considered for promotion to major in January 1997.

6.  On 13 February 1997 a unit order was issued which reassigned the applicant to the Individual Ready Reserve (IRR) effective 18 December 1996.  The applicant was selected for promotion to major and the list was approved effective 22 July 1997. A memorandum, dated 6 May 1997, from the Office of Promotions, Reserve Components, addressed to the applicant at his home of record, notified him of his promotion selection.  It appears that he never received this memorandum.

7.  A order was issued on 30 March 1999 that reassigned the applicant from the IRR to a USAR unit in Hawaii effective the same date.  On 17 December 1999 the applicant was issued a promotion memorandum with an effective date of 30 March 1999.

8.  In the processing of this case an advisory opinion was obtained from the Office of Promotions, Reserve Components.  The opinion notes that the earliest promotion date the applicant is eligible for is 22 July 1997, the board approval date.  This promotion approval date is directed by the Reserve Officer Personnel Management Act of 1 October 1996.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date of rank and effective date for major to 22 July 1997, the approved date of the promotion board.  Although he is not entitled to promotion effective 17 July 1996 he was eligible for promotion at the time of selection board approval and was administratively denied the earlier date.

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 for the individual concerned be corrected by:

	a.  revoking the order that promoted him effective 30 March 1999 with an effective date of rank of 30 March 1999, and;

	b.  issuing a new order that promotes him effective 22 July 1997 with a date of rank of 22 July 1997.

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

BOARD VOTE:  

__js___  ___jm___  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041677	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.