MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 January 2001
	DOCKET NUMBER:  AR2000043587

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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:  Adjustment to her date of rank for captain. 

APPLICANT STATES:  In effect, that she was in a promotable status for captain in 1994, after her release from active duty in March 1993.  She was not considered for promotion to captain until May 1995, and would like for her promotion to be backdated to 1994, so that she can be eligible for the major’s board in 2001.  She submits her appointment memorandum dated 13 May 1989, separation document (DD Form 214), promotion orders to captain dated 16 May 1997, civilian and military education documentation, and security clearance in support of her request.

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

She was appointed in the Reserve with prior enlisted service as a second lieutenant effective 13 May 1989.  She entered on active duty effective 2 October 1989.  She was promoted to first lieutenant effective 24 May 1991.

She was released from active duty effective 21 March 1993 and transferred to the USAR Control Group (Reinforcement).

Based on the required 4 years time in grade her promotion eligibility date (PED) for captain was 23 May 1995.

She was considered and selected for promotion to captain by the 1995 Reserve Components Selection Board (RCSB).

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation specifies that service requirements for promotion to captain require 4 years time in grade as a first lieutenant.

This regulation further specifies that an officer will not be considered for a Reserve of the Army promotion until at least 1 year after the date of return to an active status in the Reserve.  The officer must be in an active status no later than the date of the respective RCSB.  Officers who have been recommended for promotion to the next higher grade must meet the requirement of having undergone a successful physical examination.  The regulation also provides that promotion authorities will ensure that an updated physical examination is completed before announcing a promotion.  The effective date of promotion will be the date the officer meets the eligibility requirements for promotion to the next higher grade.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant’s original PED to captain was 23 May 1995.  Her date of rank to first lieutenant was 24 May 1991.  Based on the 4 years time in grade, her PED was 23 May 1995.  The applicant was considered by the 1995 RCSB and selected.  The applicant’s case was prior to the Reserve Officer Personnel Management Act; therefore, she was given an “A” date of 15 May 1997 (the date of her current physical examination) and a “B” date of 23 May 1995 (her original PED).  The applicant was ineligible for receive an earlier date due to the physical examination being outdated.  It was recommended that her request be denied.

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 7 November 2000.  She did not respond.

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 view of the circumstances in this case, the applicant is not entitled to adjustment to her date of rank for captain.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that she should have been considered for promotion to captain in 1994 has been noted; however, when the 1994 RCSB convened the applicant had not completed the required 4 years of time in grade as a first lieutenant for promotion to captain.  Her date of rank for captain is correctly shown as 23 May 1995.

3.  The Board further notes the applicant’s physical examination had not been updated and she could not be promoted before this was completed.  The applicant was promoted to captain effective 15 May 1997, the date of her updated physical examination.  The applicant has not submitted evidence to the satisfaction of the Board to show that her physical examination was properly updated at the time of her selection by the 1995 RCSB.

4.  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.

5.  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

__mm__  ___ea___  ___cg__  DENY APPLICATION

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

INDEX

CASE ID	AR2000043587	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
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.