MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 April 2002                  
	DOCKET NUMBER:   AR2001064781

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Mr. Richard T. Dunbar		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, adjustment to his date of rank for major from 2 February 2001 to 19 July 2000.

APPLICANT STATES:  That his promotion consideration letter should reflect his date of rank for major as 19 July 2000.  He submits his promotion memorandums dated 2 February and 16 August 2001 in support of his application.

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

He was appointed in the Reserve, Corps of Engineers, as a second lieutenant effective 13 December 1985.

He was promoted to first lieutenant effective 12 December 1988 and to captain effective 11 December 1992.

Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 10 December 1999.

He was appointed in the Ohio Army National Guard (OH ARNG) as a captain effective 1 May 1997.  He served as an Operations Officer in Headquarters and Headquarters Company, 1st Engineer Battalion in Columbus, Ohio.  He is not shown as having served in a major position.

He was considered and not selected for promotion to major by the 1999 and 2000 Reserve Components Selection Boards (RCSB’s).  The President approved the 2000 board results on 19 July 2000.

Based upon a review by the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), it was determined his records contained material error when considered by the 1999 and 2000 RCSB’s.

He was reconsidered but not selected for promotion to major under 1999 criteria by a special selection board (SSB).

On 16 August 2001 he was advised that he was considered and selected for promotion to major under 2000 criteria by an SSB, which convened on 29 March 2001.  His date of rank was projected to be 19 July 2000 upon promotion.  He also was advised that the earliest date he can have is the approval date of the criteria year that he was recommended under, i.e., 19 July 2000.

He was separated from the OH ARNG effective 1 February 2001 and transferred to the Individual Ready Reserve (IRR).

He was issued a promotion memorandum dated 2 February 2001 indicating his date of rank and promotion effective date for major as 2 February 2001.  
Current promotion policy specifies that officers selected by an SSB are eligible for the same date of rank that they would have received by the original board in which the error occurred.  It also specifies that promotion may only be effective upon positioning in the higher grade or assigned to the Individual Ready Reserve (IRR).

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was promoted to captain on 11 December 1992.  Promotion to major required 7 years time in grade; therefore, his promotion eligibility was 10 December 1999.  He was considered for promotion to major by the 1999 and 2000 and non-selected for promotion.  He went to an SSB that took place in December 2000 for consideration under 1999 criteria and was again non-selected for promotion.  He was then scheduled for an additional SSB under 2000 criteria in March 2001 and was recommended for promotion.  The applicant received a select letter dated 16 August 2002, reflecting an A date of 29 March 2001 (date of board), a B date of 2000 (criteria year) and a C date of 19 July 2000 (date indicating his promotion eligibility date). This is the earliest date he can have, as it is the approval date of the criteria year that he was recommended under.  The applicant was issued a promotion letter dated 2 February 2001, with an A date (effective date) of 2 February 2001.  Applicant came out of the National Guard and transferred to the IRR on 
1 February 2001.  Therefore, this is the earliest date he is eligible to receive.  It was recommended his request be denied.

The opinion was forwarded to the applicant for rebuttal on 29 January 2002. 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 a correction to his date of rank for major.  He has not shown error, injustice or inequity for the relief he now requests.

2.  The Board notes his contention that his date of rank should be changed from 2 February 2001 to 19 July 2000; however, the applicant was selected for promotion to major by an SSB with a projected promotion date of 19 July 2000 provided he was serving in a major position.  He was not in a major position on that date and was promoted on 2 February 2001, the earliest date he could be promoted, based on his transfer to the IRR.

3.  Applicable regulations clearly show that officers may be promoted if occupying a higher graded position or upon transfer to the IRR.

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

_mkp____  _mkp____  _ela____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064781	
SUFFIX		
RECON		
DATE BOARDED	20020411	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.