PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  22 March 2001
	DOCKET NUMBER:  AR2000049104

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		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 to his date of rank (DOR) for captain.

3.  The applicant states, in effect, that his promotion was unjustly delayed.  He submits a copy of his promotion qualification statement in support of his request. 

4.  The applicant’s military records show that he was appointed in the California Army National Guard as a second lieutenant effective 10 August 1988.

5.  He was promoted to first lieutenant effective 9 August 1990.  Based on the required 5 years time in grade his promotion eligibility date (PED) for captain was 8 August 1995.

6.  He was considered and not selected for promotion to captain by the 1994 and 1995 Reserve Components Selection Boards (RCSB’s).  His promotion eligibility date was adjusted to 8 August 1996.

7.  On 20 July 1996, he applied to the Army Board for Correction of Military Records for correction of his non-selections.  The Board determined the applicant was eligible for promotion reconsideration by a special selection board (SSB) based on material error.

8.  He was considered and not selected for promotion to captain by an SSB under the 1994 criteria.

9.  He was considered and selected for promotion to captain by the 1998 SSB under the 1995 criteria.  He was promoted to captain effective 23 October 1998.

10.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies officers selected by an SSB are eligible for the same DOR that they would have received by the original board in which the error occurred.  The regulation further specifies that the effective date that officers with a PED prior to the SSB would be the adjourning date of the mandatory board or the adjourning date of the SSB criteria by which recommended.

11.  This regulations also specifies that upon a non-selection by a promotion board an individual's PED will be adjusted by 1 year, accordingly; and that individuals will receive mandatory promotion consideration prior to their PED's so that, if selected, they may be promoted on their future PED.

CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to his DOR for captain to 8 August 1996 based on his selection by the 1998 SSB. 
2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to captain with a date of rank of 8 August 1996.

BOARD VOTE:  

__sp___  ___rs__  __ji____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Shirley Powell___
		        CHAIRPERSON

INDEX

CASE ID	AR2000049104	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
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.