MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 August 2001                   
	DOCKET NUMBER:   AR2001053874

	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	
	Ms. Paula Mokulis		Member	
	Mr. Thomas Lanyi		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 of date of rank (DOR) for major to reflect the maximum time in grade (MTIG) of 7 years.  He further requests retroactive award of the Good Conduct Medal (GCMDL).

APPLICANT STATES:  That Title 10 stipulated the maximum TIG for promotion to major is 7 years.  Based upon his DOR for captain of 1 November 1987, his current DOR for major exceeds the maximum timeframe.  He further states that Army Regulation (AR) 600-8-22 states retroactive award to enlisted personnel and to officer personnel who qualified in an enlisted status is authorized the GCMDL provided evidence is available to establish qualification.  He submits copies of his captain promotion orders, discharge certificate, and an officer record brief in support of his application.

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

He was discharged from the Reserve as a sergeant, pay grade E-5 effective 17 February 1983.

He was appointed in the Reserve as a second lieutenant effective 18 February 1983.

He was ordered to active duty effective 9 June 1984.  He was promoted to first lieutenant effective 30 May 1985 and to captain effective 1 November 1987.

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

Based on the required 7 years MTIG for promotion to major, his promotion eligibility date (PED) was 31 October 1994 and based on the required 12 years mandatory commissioned service his PED for major was 17 February 1995.  The latest date is used for promotion eligibility purposes.

He was considered and selected for promotion to major with a DOR of 17 February 1995.

AR 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation, in effect at the time, specifies that in order to be qualified for promotion to major an individual must have completed 7 years of MTIG as a captain and 12 years of commissioned service.

AR 600-8-22 provides, in pertinent part, that the GCMDL will be awarded on a selective basis to each soldier who distinguishes himself or herself from among his or her fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service.  Personnel eligible are active component enlisted soldiers.  
The regulation further specifies that Active Guard Reserve enlisted personnel serving on extended periods of active duty (other than for training) under Title 10 are eligible for the award for qualifying service beginning on or after 1 September 1982, provided no period of the service has been duplicated by the same period of service for which the soldier has been awarded the Army Reserve Components Achievement Medal.  

The regulation also specifies that retroactive award of the GCMDL to enlisted personnel, and to officer personnel who qualified in an enlisted status, is authorized provided evidence is available to establish qualifications.  

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant does not have a basis to have his DOR changed from 17 February 1995 to 1 November 1994.  The applicant’s DOR to major is based on 12 years of commissioned service.  He was promoted in accordance with AR 135-155, dated 1 September 1994, which was the promotion regulation in effect at the time of his promotion.  Paragraph 
4-15 of the regulation states an officer’s DOR will be the date he completes the mandatory service requirement.  The applicant met the TIG requirement on 31 October 1994.  He did not meet the commissioned service requirement until 17 February 1995; therefore, his DOR for major is 17 February 1995.  Based on the facts presented, it was recommended that his request be disapproved.

The opinion was forwarded to the applicant for rebuttal on 7 May 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 DOR for major to captain to 1 November 1994.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that his DOR for major exceeds the maximum timeframe stipulated in Title 10 under the Reserve Officer Personnel Management Act (Implemented 1 October 1996).  However, the applicant was promoted in accordance with AR 135-155, based on Title 10, which was the promotion regulation in effect at the time of his promotion.  He did not meet the commissioned service requirement for promotion to major until 17 February 1995. 

3.  The applicant is also not entitled to retroactive award of the GCMDL.  The Board notes that his enlisted service was inactive Reserve status only.  It is also 
noted that his service on active duty from 9 June 1984 to 1 August 1993 was not in an enlisted status.  The applicant has not shown that he is entitled to the award.

4.  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.

5.  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

_pm_____  _jhk____  __pm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053874	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	131.05	
3.		
4.		
5.		
6.