PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 December 2000
	DOCKET NUMBER:   AR2000045662

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 correction of his records to show that his branch was Medical Service Corps (MSC) effective 1 August 1989.

3.  The applicant states he has been working and training as a MSC officer and, in effect, that he has been in the MSC Branch since 1 August 1989 when he left an Armor Branch position in the Texas Army National Guard (ARNG).  Further, he states that he was removed from the list of officers considered for promotion to major by the January 2000 Army Medical Department selection board and the January 2001 Army Medical Department selection board because his branch is erroneously being shown as Armor instead of MSC.

4.  The applicant’s military records show that he was appointed in the U.S. Army Reserve (USAR) as a second lieutenant in the MSC on 22 June 1985.  The applicant is currently serving in the 75th Division, USAR, in the rank of captain.

5.  U.S. Army Reserve Personnel Center Orders, dated 19 June 1989, show the applicant, then a first lieutenant MSC in military occupational specialty (MOS) 67B (Field Medical Assistant), was assigned to the Texas ARNG effective 30 March 1989.  Although there are no orders in the records available to the Board, a letter signed by the Deputy Chief of Reserve Components Promotions of the U.S. Total Army Personnel Command (PERSCOM) attests to the fact that the applicant was transferred from the Texas ARNG back to the USAR effective 1 August 1989.

6.  On 23 August 1989 the applicant was offered an Individual Mobilization Augmentation (IMA) position as a MSC officer at Brooke Army Medical Center.

7.  U.S. Army Reserve Personnel Center Orders, dated 14 July 1992, assigned the applicant as a first lieutenant in MOS 67B to the 75th Maneuver Area Command effective 7 July 1992.

8.  Records show that the applicant completed the Army Medical Department Doctrinal Workshop on 23 August 1992 and attended Annual Training with the 44th Evacuation Hospital in December 1992.  

9.  PERSCOM Memorandum, dated 21 April 1993, stated the applicant was erroneously considered by the 1992 and 1993 Army Promotion List Selection Board instead of the Army Medical Department Selection Board for promotion to captain, that his name would be deleted from the results of these boards, and that he would be considered under 1992 and 1993 Army Medical Department criteria by Department of the Army Promotion Advisory Boards.  U.S. Total Army Personnel Command Memorandum, dated 8 April 1994, notified the applicant of his selection for promotion to captain his promotion qualification statement, dated 29 July 1994, shows his branch as “MS” [Medical Service].  

10.  The applicant also presented a diploma which shows that he completed the Army Medical Department  Reserve Component Officer Advanced Course on 3 July 1999.

11.  A Certificate of Course Completion shows that the applicant, identified as a MSC captain, completed the Staff Process Course of the Combined Arms and Services Staff School (CAS3) effective 5 February 2000.

CONCLUSIONS:

1.  Evidence of record shows that the applicant was commissioned as a MSC officer and was advanced to first lieutenant as a MSC officer.

2.  Orders show that the applicant was transferred from the USAR to the Texas ARNG effective 30 March 1989.  The Deputy Chief of Reserve Components Promotions in a 14 April 1999 letter stated that the applicant was transferred from the Texas ARNG back to the USAR effective 1 August 1989.

3.  All records and correspondence concerning the applicant, subsequent to 1 August 1989, show that he was regarded as a MSC officer.  In 1993, the Office of Reserve Component Promotions even voided promotion consideration by the 1992 and 1993 Army Promotion List Selection Boards as an Armor officer and referred his records for consideration by Department of the Army Promotion Advisory Boards as a MSC officer under 1992 and 1993 Army Medical Department Selection Board criteria.

4.  The applicant completed the Army Medical Department  Reserve Component Officer Advanced Course on 3 July 1999 and attended CAS3 as a MSC officer.

5.  Based on the foregoing, the Board has determined that the applicant has served as a MSC officer from 1 August 1989 to the present and is entitled to promotion consideration as a MSC officer.

6.  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 individual concerned was an officer in the MSC Branch from 1 August 1989 to the present.

2.  That upon correction of his records as required in paragraph 1, above, the records of the individual concerned be submitted to a Special Selection Board (SSB) for consideration for promotion to major under the January 2000 Army Medical Department Selection Board criteria, and if selected, provided an appropriate date of rank and payment of all appropriate back pay and allowances.

3.  That, in the event he is not selected by the SSB, that he be considered by the January 2001 Army Medical Department Selection Board or, if necessary the appropriate SSB, for promotion to major, and if selected, provided an appropriate date of rank and payment of all back pay and allowances .

4.  That all records related to this case be filed on the Restricted (R-Fiche) of his Official Military Personnel File (OMPF).

BOARD VOTE:  

___JPH__  __KLW__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mr. James P. Huber__
		        CHAIRPERSON

INDEX

CASE ID	AR2000045662	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	102.0000.0000	
2.	113.0000.0000	
3.	131.0300.0000	
4.	131.1100.0000	
5.		
6.