PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000044291

	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. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 records be corrected to show he was transferred to the Retired Reserve in the rank and grade of lieutenant colonel (LTC), O-5.

3.  The applicant states that he believes he should have been transferred to the Retired Reserve as an LTC, not a major (MAJ), O-4, since he had been selected for promotion in 1993.

4.  The applicant's military records show that after having had prior enlisted service in the Active Army and commissioned service in the Army National Guard (ARNG), he was called to active duty in August 1980.  He was released from active duty in February 1984 and re-entered the ARNG in May 1984.  He was promoted to MAJ on 19 February 1987.  In October 1987, he was transferred to the U. S. Army Reserve (USAR).  He apparently transferred back to the ARNG at some point.

5.  A letter from the U. S. Total Army Personnel Command (PERSCOM), Office of Promotions, Reserve Components dated 29 November 1993 notified the applicant that he had been selected for promotion to LTC with a promotion eligibility date of 18 February 1994.

6.  The Office of Promotions, Reserve Components informed the Board on        27 October 2000 that information available to them indicates the applicant was transferred from the ARNG to the USAR Control Group (Reinforcement) on         4 January 1994.  He had a current physical at that time (taken 18 August 1991). Senate confirmation was made on 9 February 1994 and it looks like he was eligible for promotion to LTC on his promotion eligibility date of 18 February 1994.  He was probably overlooked for promotion because that office had not been aware he had been transferred back to the USAR Control Group (Reinforcement).

CONCLUSIONS:

1.  The evidence of record shows that the applicant had been selected for promotion to LTC in 1993.  He was eligible for promotion to LTC on 18 February 1994 but due to an administrative oversight he was not promoted.  Since he should have been promoted to LTC in 1994, he should have been transferred to the Retired Reserve as an LTC, O-5.  If the applicant was paid any pay and allowances as a MAJ during the period 18 February 1994 through 27 August 1997, it would also be appropriate to pay him any increase in pay due as a result of his 1994 promotion to LTC.

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 LTC on 18 February 1994 and was transferred to the Retired Reserve on 27 August 1997 in the rank and grade of LTC, O-5.

2.  That the applicant be paid any pay due as a result of the above correction.

BOARD VOTE:  

__fne___  __tsk___  __wdb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000044291	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.