MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 February 2001
	DOCKET NUMBER:   AR2000042120

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		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:  That his date of rank (DOR) for promotion to the rank of first lieutenant (1LT) be adjusted to 5 January 1991 and his DOR to captain (CPT) be adjusted to 4 January 1995.

APPLICANT STATES:  In effect, that he was promoted to the rank of 1LT based on having completed 3 years of commissioned service instead of 18 months of active Federal service.  Accordingly, his DOR for promotion to 1LT and CPT were late and incorrectly computed.  As a result of the 4-month delay, he will be delayed for consideration to the rank of major (MAJ) a year later.

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

He was commissioned as a United States Army Reserve (USAR) second lieutenant (2LT) on 8 May 1988 and was ordered to active duty on 5 July 1989.  He was given a 2LT DOR of 25 May 1988.  He was promoted to the rank of 1LT on 24 May 1991.

He accepted a Regular Army appointment and continued to serve on active duty until 1 July 1993, when he was honorably discharged under the provisions of Army Regulation 635-100, due to reduction in authorized strength.  He had served 3 years, 11 months, and 27 days of active service during his most recent  period of service. 

He requested and was granted a USAR commission and was assigned to a USAR troop program unit.  He was promoted to the rank of captain on 25 May 1995.

In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Officer Promotions Branch which opined, in effect, that at the time the applicant was commissioned, the applicable regulations provided for promotion to the rank of 1LT the day after completing 3 years of commissioned service or 2 years of active duty, which ever is earlier.  The 24-month rule went into effect in February 1988 and remained in effect until April 1998 when it changed to 18 months.  The PERSCOM officials opined that the applicant’s DOR was correct and recommended that his request be denied.  The advisory opinion was provided to the applicant for comment and to date, no response has been received. 

Army Regulation 624-100, in effect at the time, provides the criteria for the promotion of commissioned officers.  The regulation provided that effective 1 April 1988, the criteria for promotion from 2LT to 1LT was 24 months of active service or 3 years of commissioned service, which ever occurred first.  Military Personnel (MILPER) message numbers 98-057 and 98-058 announced changes to the criteria for promotion from 2LT to 1LT.  The changes changed the time in grade requirement from 3 years to 2 years, effective 1 February 1998, or 18 months of active service, effective 1 April 1998, whichever came first.

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 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.

2.  The evidence of record shows that the applicant was promoted to the rank of 1LT based on 3 years of commissioned service because this occurred before he had 24 months of active service.  Accordingly, he was promoted at the earliest date under the criteria in effect at the time.

3.  The applicant’s contention that he should have been promoted after 18 months of active service has been noted by the Board and appears to be without merit.  The criteria for promotion to 1LT at the time the applicant was eligible for promotion had changed to 24 months of active service in 1988, over a year before he was ordered to active duty in 1989.  This policy remained in effect for over 10 years.  Therefore, the Board finds that his DOR is correct and that there is no basis to change it to an earlier date. 

4.  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

___ja ___  ___ls____  __bjl____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042120	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.