MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 January 2001
	DOCKET NUMBER:   AR2000046239

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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:  In effect that his date of rank (DOR) to captain be adjusted based on his excessive amount of commissioned service. 

APPLICANT STATES:  In effect, that under the Reserve Officer Personnel Management Act (ROPMA) of October 1996 his total commissioned service as a second lieutenant (2LT) and a first lieutenant (1LT) equals 9 years and 1 month, which he claims exceeds the seven years service required for promotion to captain (CPT).  He indicates that his records have fallen through the crack due in part to his resignation in January 1995 and subsequent recommissioning in February 1997 when he completed the 25 month Army Physician Assistant (PA) course.  He states that after completing the PA course his prior service was computed in error and had the new ROPMA rules been used he would have been appointed as a CPT.  He also states that this was the second injustice he endured as he was forced to decline a promotion in 1993 while serving as a 1LT in the Medical Service Corps because there were no slots in the State.  This situation he contends fell by the wayside when he resigned in December 1994 to attend school.  Finally, he suggests that he has an excessive amount of commissioned service and an adjustment to his DOR appears to be in order and justified. 

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

A complete copy of the applicant’s official military personnel file (OMPF) was not available for review and was not provided by the applicant.  The applicant provided the following evidence for consideration:  a National Guard Bureau (NGB) Form 0122 (Announcement of Federal Recognition-Promotion Special Order) for 2LT, dated 30 December 1987; Orders Number 112-21 (Promotion to 1LT), dated 11 June 1990; a Department of Defense (DD) Form 214 (Certificate of Release or Discharge From Active Duty) issued to the applicant upon his release from active duty (REFRAD) on 13 February 1997; a Department of the Army (DA) Form 5074-1 (Record of Award of Entry Grade Credit-Health Services Officers), dated 29 March 1997; a NGB Form 0122 for 2LT, dated 20 May 1997 and an amendment changing his rank to 1LT, dated 7 July 1997; and a NGB Form 0122 for CPT, dated 8 July 1998.  

On 18 May 1987, the applicant was appointed a 2LT in the Army National Guard (ARNG) of the State of Illinois and on 16 May 1990 he was promoted to 1LT. 

The DD Form 214 on file confirms that the applicant entered active duty in an enlisted status, on 16 January 1995, and was assigned to the Medical Department Activity (MEDDAC), Student Detachment, Fort Knox, Kentucky to attend the PA course.  He was REFRAD on 13 February 1997 after completing 
2 years and 28 days of active duty.

On 29 March 1997, a DA Form 5074-1 was completed on the applicant which indicated that he was credited with a total of 5 years, 4 months, and 10 days of prior commissioned service based on his commissioned service in the Medical Service Corps and 2 years, 4 months, and 10 days of service for DOR purposes, which would mandate his appointment as a 1LT with a DOR of 13 February 1997.  This was confirmed and codified in an amendment to a 20 May 1997 
NGB Form 0122, dated 7 July 1997.

Special Order Number 118, codified in a NGB Form 0122, dated 8 July 1998, effected the applicant’s promotion to CPT.  This order confirmed that the applicant was promoted to CPT in the ARNG and was Federally recognized, effective 8 July 1998, while serving with the Headquarters of the State Army Reserve Command (STARC) of the Illinois ARNG.  

Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States (ARNGUS) and the commissioned and warrant officers of the USAR.  

Title 10 of the United States Code, section 14304 became the operative law in regard to mandatory promotion consideration subsequent to the implementation of the ROPMA.  This law established maximum years of service in grade (MYIG) periods that mandated the Secretary of the Army to put officers in the ranks of 1LT, CPT and major (MAJ) before a mandatory promotion board. 

The table contained in this statute identifies that the MYIG for promotion to 1LT as 5 years and to CPT as 7 years.  It further mandates that qualified Reserve Component (RC) officers be placed before a promotion selection board far enough in advance of completing the MYIG specified by the statute so that if selected they could be promoted on or before that MYIG date.  Finally, the law indicates that an RC officer selected by a mandatory promotion board be promoted on the date on which they complete the identified MYIG without regard to the existence of a vacancy. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that his CPT DOR should be adjusted based on the MYIG provisions of the law but finds no available evidence to support this claim.  By law, his consideration for, and if selected, promotion to CPT was not required until he reached the MYIG as a 1LT of 7 years, which based on his 1LT DOR would not be until 12 February 2004.  

2.  There is no evidence of record or independent evidence provided by the applicant that suggests that he ever questioned the entry grade credit he received in 1997 or his 1LT DOR through his ARNG chain of command at the time it was granted or since.  Given his OMPF was not available for review, and the lack of input from the ARNG chain of command, the Board finds no reason or basis to question the validity of the existing promotion and Federal recognition dates as established in the existing official orders. 

3.  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.

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

___jh ___  __le ____  ___kh ___  DENY APPLICATION

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

 
INDEX

CASE ID	AR2000046239	
SUFFIX		
RECON		
DATE BOARDED	2001/01/25	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.		
3.		
4.		
5.		
6.