MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  4 December 2001
	DOCKET NUMBER:  AR2001059682

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Eric N. Andersen		Member	
	Ms. Margaret K. Patterson		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 records be corrected to show that he was promoted to lieutenant colonel (LTC) in the United States Army Reserve (USAR).

APPLICANT STATES:  In effect, that he was denied promotion to LTC in the USAR because: 1) there are two dates on his record for appointment as a second lieutenant (2LT), USAR, 14 June 1951, which is the correct one, and 
23 October 1952, which caused error in computing promotion eligibility dates; 
2) he was not promoted to first lieutenant (1LT), USAR, until 13 May 1955, 
47 months after he was commissioned instead of the normal 18 months; 3) he was promoted to major (MAJ), Army of the United States (AUS), on 6 February 1963, but was not promoted to MAJ, USAR, until 12 June 1965, a total of 7 years between captain (CPT), USAR, and MAJ, USAR; 4) and that the time in grade was excessive as a 2LT for promotion to 1LT and as a CPT for promotion to MAJ.  He was selected for promotion to LTC, AUS, on 15 June 1966, but chose to retire as of 31 October 1966, because of illness in his family.

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

He enlisted in the AUS on 23 July 1945 and further enlisted in the Regular Army on 20 November 1945.  He rose to the rank of sergeant first class.  On 16 April 1951, he applied for appointment in the Officers’ Reserve Corps (ORC).  By Headquarter, Fourth Army letter, dated 14 June 1951, he was appointed a 2LT in the ORC, AUS, for a period of five years.  He accepted this appointment by taking an oath of office signed by him on 18 June 1951.  On 1 December 1951, he was ordered into active military service as a 2LT.  The orders specified that he would be discharged from enlisted status on the day prior to 1 December 1951.

By Headquarters, Second Army letter, dated 23 October 1952, he was appointed a 2LT in the ORC as a Reserve commissioned officer in the AUS, for an indefinite term of service, under the Armed Forces Reserve Act of 1952.  He accepted this second appointment by taking an oath of office signed by him on 
4 November 1952.

He was promoted to: 1LT, AUS, on 3 May 1953; and to 1LT, USAR, on 13 May 1955, with a date of rank of 14 June 1954.  The letter of promotion to 1LT, USAR, states that the date of rank (DOR), 14 June 1954, is the date that the applicant became eligible for promotion to 1LT and the date would be used in computing time in grade (TIG) for Reserve promotion to CPT.

Army Regulation 135-157 (Reserve Components, Promotion of Commissioned Officers, other than General Officers), paragraph 5a, in effect at the time of the applicant’s promotion from 2LT to 1LT, USAR, stated that the required TIG as a 2LT, USAR, for promotion to 1LT, USAR, was 3 years TIG.  The applicant was appointed as a 2LT, USAR, on 14 June 1951, and his DOR for 1LT, USAR, 
was 14 June 1954, for 3 years TIG as a 2LT, USAR.

He was promoted to: CPT, AUS, on 11 March 1958; and to CPT, USAR, on 
13 June 1958, with a DOR of 13 June 1958.  Army Regulation 135-155 (Reserve Components, Promotion of Commissioned Officers, other than General Officers), paragraph 41, in effect at the time of the applicant’s promotion from 1LT to CPT, USAR, stated that the required TIG as a 1LT, USAR, for mandatory promotion to CPT, USAR, was 4 years TIG.  The applicant’s DOR as a 1LT was 14 June 1954, and his DOR for CPT, USAR, was 13 June 1958, for 4 years TIG as a 1LT, USAR.

He was promoted to: MAJ, AUS, on 6 February 1963; and to MAJ, USAR, on 
12 June 1965, with a DOR of 12 June 1965.  Army Regulation 135-155, paragraph 29, in effect at the time of the applicant’s promotion from CPT to MAJ, USAR, stated that the required TIG as a CPT, USAR, for mandatory promotion to MAJ, USAR, was 7 years TIG.  The applicant’s DOR as a CPT was 13 June 1958, and his DOR for MAJ, USAR, was 12 June 1965, for 7 years TIG as a CPT, USAR.

He was selected for promotion to LTC, AUS, by the Army Promotion Selection Board that adjourned on 11 February 1966.  He declined this promotion.  He retired honorably on 31 October 1966, at his request.  He retired with 20 years and 14 days active service and in the rank of MAJ, AUS.  He was transferred to the USAR Control Group (Retired Reserve).

Army Regulation 135-155, in effect at the time, provided that a USAR officer serving on active duty in a AUS rank higher than the officer’s USAR rank, would be promoted to the next higher USAR rank, without consideration by a promotion board, when the officer completed the required mandatory TIG for the next higher USAR grade.  The required mandatory TIG for USAR promotions was as follows:

	3 years TIG as a 2LT for promotion to 1LT
	4 years TIG as a 1LT for promotion to CPT
	7 years TIG as a CPT for promotion to MAJ
	7 years TIG as a MAJ for promotion to LTC

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.  According to regulations in effect at the respective times that the applicant was promoted in the USAR, the required TIG in each grade for mandatory promotion to the next higher grade was as follows:

USAR
Rank, DOR	TIG (USAR) required for promotion to the next higher rank	USAR
Next higher 
Rank, DOR, (Effective Date)	
2LT, 14 Jun 51	3 years	1LT, 14 Jun 54 (13 May 55)	
1LT, 14 Jun 54	4 years	CPT, 13 Jun 58 (13 Jun 58)	
CPT, 13 Jun 58	7 years	MAJ, 12 Jun 65 (12 Jun 65)	
MAJ, 12 Jun 65	7 years	eligible for LTC in 1972	

The applicant was correctly promoted in the USAR according to regulations in effect at the time.  He was not eligible for consideration for promotion to LTC, USAR.

2.  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

_jl____  __ea______  ___mp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059682	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131 - Promotion	
2.		
3.		
4.		
5.		
6.