MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           17 April 2001
	DOCKET NUMBER:   AR2000050290

	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. John H. Kern 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Margaret V. Thompson		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 his date of rank for major to 1 April 1993.

APPLICANT STATES:  In accordance with Army Regulation 135-155, table 2-1, he should have been considered for promotion to major in 1992.  Based on his promotion to captain on 1 April 1986, he had 7 years time in grade on 1 April 1993, thus meeting the criteria for promotion to major.

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

He was appointed in the Reserve from Reserve Officers Training Corps as a second lieutenant , Signal Corps, effective 29 January 1982.  He entered on active duty the same date.

He attained the grade of captain effective 1 March 1986.

He was released from active duty effective 1 August 1993, and transferred to the USAR Control Group (Individual Ready Reserve).

Based on the required 7 years time in grade his promotion eligibility (PED) date for promotion to major was 28 February 1993, and based on the required 12 years time in service his PED was 28 January 1994. 

He was considered and selected for promotion to major by a special selection board under 1994 criteria. He was promoted to major effective 1 April 1994, with a date of rank of 28 January 1994.

Army Regulation 135-155, in effect at the time, prescribed the policies and procedures for promotion of Reserve officers.  This regulation provides that to be eligible for promotion to the next higher grade, an USAR officer must be in an active status and meet the minimum promotion service and military education requirements.

The regulation also specified that officers transferring from active duty to the USAR will be given an adjusted date of rank to the date after the transfer.  Eligibility for promotion will be based on the time in service and time in grade eligibility, whichever is the latest.  Promotion to major required 7 years of time in the lower grade or 12 years of commissioned (promotion) service, whichever is latest.

The regulation further specifies the effective date for promotion based on a special selection board would be the adjourning date of the respective board.

The Chief, Promotion and Notifications Branch, Office of Promotion, Total Army Personnel Command (PERSCOM), expressed the opinion that the applicant’s date of rank for captain was 1 March 1986.  His PED to major is computed on one of two dates; 7 years time in grade added to date of rank, and 12 years time in service added to date of appointment, whichever is later.  The applicant’s PED was 29 January 1994.  Applicant was not eligible for an earlier board due to being released from active duty on 1 August 1993.  Applicant was considered by a special selection board under 1994 criteria and was recommended.  Applicant was given a date of rank of 28 January 1994, which is his PED and is the earliest date he can receive.  Applicant was also given an effective date of 1 April 1994, which is the last day of the board and due to having a past PED at the time the board took place.  Based on these facts, it is recommended that the applicant’s request be denied.

The opinions were forwarded to the applicant for rebuttal on 16 February 2001.  He 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 his date of rank for major to 1 April 1993.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions that he should have been considered for promotion in 1992 and had 7 years time in grade on 1 April 1993.  However the applicant was not eligible for promotion consideration in 1992 by a Reserve Components Selection Board, as he was on active duty and not in the active Reserve.  It is also noted that he was also on active duty at the time of his PED of 1 April 1993.  

3.  The Board further notes that the applicant’s date of rank was correctly established as 28 January 1994, based on completion of the 12 years time in service from the date of his appointment. 

4.  It is also noted that his effective date for promotion to major was correctly established as 1 April 1994, the adjourning date of the special selection board. 

5.  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.

6.  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

_mvt____  _mm_____  __jhk___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050290	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.