PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 August 2001
	DOCKET NUMBER:  AR2001060255

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Fred N. Eichorn		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, in effect, that his effective date for promotion to major be corrected from 20 October 2000 to 27 August 1997, the date established by a 30 March 1999 Department of the Army Special Selection Board (SSB) that selected him for promotion based on the Calendar Year 1997 (CY97) promotion board criteria.  He also request’s pay and allowances for the period during which he was erroneously discharged, 1 March 1998 through 23 April 2000.

3.  The applicant states, in effect, that his 20 October 2000 promotion orders deny him the pay and allowances he should have been provided based on the promotion effective date directed by the SSB, 27 August 1997.

4.  The applicant’s military records show that he was a captain in the New Mexico Army National Guard (NMARNG) serving in a major’s position, a Personnel Management Officer in the Headquarters, State Area Command (HQ, STARC), when he was discharged on 1 March 1998 for twice non-selection for promotion to major.  It was demonstrated that there was an error in the applicant’s file.  He was reconsidered for promotion under the CY97 promotion criteria by a SSB that adjourned on 30 March 1999.  The SSB recommended that the applicant be promoted to the rank of major with a promotion eligibility date of 27 August 1997. On 14 February 2000, the Office of Promotions, Reserve Components, U. S. Total Army Personnel Command (PERSCOM), St. Louis, published a memorandum for the applicant, notifying him that he had been selected for promotion to major.

5.  On 24 April 2000, the NMARNG published orders 115-011 revoking the applicant’s 1 March 1998 discharge and placed him back on duty in a major’s position, the Selective Service Officer position in the HQ, STARC, NMARNG.  
On 20 October 2000, the State of New Mexico Department of Military Affairs, Military Division, published orders 294-013 promoting the applicant to the rank of major effective 20 October 2000.  These orders state in additional instructions b, “Effective date of promotion cited on this order will be concurrent with the effective date of federal recognition in the ARNGUS (Army National Guard of the United States) when granted by Chief, NGB (National Guard Bureau).”  On 
29 November 2000, the NGB published orders 229AR announcing federal recognition of the applicant effective 29 November 2000.

6.  A PERSCOM memorandum dated 6 October 1997; subject: Release Date of the Major, Army Promotion List (APL) Selection Board; states in paragraph 2B, that the approval date for the CY97 major promotion board was 27 August 1997.

CONCLUSIONS:

1.  In accordance with the CY97 Army Promotion List (APL) Selection Board for the rank of major, the correct effective date for promotion is 27 August 1997, the approval date of the promotion board selection list.  The applicant was selected 
for promotion by an SSB under the CY97 selection board criteria.  The applicant had been serving in a major’s position on 27 August 1997.  Therefore the applicant’s correct promotion effective date for promotion to major is 27 August 1997, not 20 October 2000.  Accordingly, all promotion documents and orders should be corrected to show the promotion effective date to be 27 August 1997.

2.  The applicant was discharged from the ARNG on 1 March 1998 due to erroneously being non-selected for promotion to major.  He should be provided pay and allowances at the rank of major beginning 27 August 1997.  He should be credited for pay and allowance and retirement points and paid for four Unit Training Assemblies (UTA) a month (26 months) and 15 days Annual Training (AT) per fiscal year (one each for FY98 and FY99) for the period 1 March 1998 through 23 April 2000.

3.  In view of the foregoing and in so far as the Department of the Army is concerned, 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 for the individual concerned by:

	a.  showing on all promotion documents that his effective date for promotion to major is 27 August 1997 with a date of rank (Promotion Eligibility Date) for major of 27 August 1997;

	b.  giving him retirement point credit and pay as a major for four UTAs a month (26 months) and 15 days AT per fiscal year (one each for FY98 and FY99) for the period 1 March 1998 through 23 April 2000; and

	c.  providing him adjusted pay as a major from 27 August 1997 through 
19 October 2000.

BOARD VOTE:  

__iw___  ___gw___  ___fe___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001060255	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.07 – Date of Rank	
2.		
3.		
4.		
5.		
6.