MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           14 MAY 2002
	DOCKET NUMBER:   AR2002066636

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, Jr.		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:  That his record be corrected to show that he was promoted to lieutenant colonel on 26 February 1999 in lieu of 26 April 1999. 

APPLICANT STATES:  Amended orders directing him to proceed on temporary duty to Fort Belvoir, Virginia to attend the Army Management Staff College prevented him from reporting as per the original orders [to Arlington, Virginia] with an earlier reporting date.  Consequently, he was not promoted because he was in a school status and not serving in a lieutenant colonel position.

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

The applicant was appointed a second lieutenant in the Army Reserve on           7 May 1980.  The applicant is an AGR (Active Guard/Reserve) officer who was promoted to major on 26 November 1992.

On 13 November 1998, the applicant then assigned to Headquarters, Third U.S. Army, Fort McPherson, Georgia, as an Operations Officer, was assigned by the Army Reserve Personnel Command to the Army Reserve Support Center at Arlington, Virginia with a reporting date of 1 March 1999.

The order effecting the assignment was amended on two occasions.  The first amendment, dated 15 December 1998, changed the reporting date to                26 April 1999, and the second, dated 21 April 1999, changed his assignment to Headquarters, Army Reserve Command at Fort McPherson, with duty as the executive officer. 

Between the dates of those two amendments, an order was published by the Army Reserve Personnel Command in St. Louis, and dated 18 December 1998, directing the applicant to proceed on temporary duty to Fort Belvoir to attend the Army Management Staff College with a proceed date of 11 January 1999.  The applicant completed the Army Sustaining Base Leadership and Management course at that college on 2 April 1999.  

On 25 March 1999 the Total Army Personnel Command at St. Louis notified the applicant that he had been selected for promotion by a Reserve Components Selection Board.

On 26 April 1999 the applicant was promoted to lieutenant colonel.

Army Regulation 135-155 provides policy for selecting and promoting commissioned officer of the Army National Guard of the United States and the Army Reserve.  Paragraph 4-15 states in effect, that officers serving on active duty in an AGR status may be promoted to a higher grade provided the duty assignment/attachment of the officer requires a higher grade than that currently held by the officer.  Effective date of promotion of AGR officers will be as shown in paragraph 4-21.  

Paragraph 4-21 states in effect, that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade.  An AGR officer who is selected for promotion by a mandatory board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to the higher graded position.

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.  Absent information to the contrary, it is presumed that the applicant reported to his assignment with the Army Reserve Command on 26 April 1999 and that he was assigned to a position in the grade of lieutenant colonel; consequently, his promotion on that date.

2.  The Board notes that his assignment order was amended not only to change his reporting date, but also to change his unit of assignment to the Army Reserve Command, albeit the order was not published until five days prior to his reporting date.  In December 1998, the Army Reserve Personnel Command, aware of the change of the assignment, and apparently because of the requirements of his new assignment, sent him to school for 83 days.     

3.  The applicant was promoted when he should have been promoted, in accordance with the provisions of the regulation.  There is no error or injustice.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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

__MHM      __KAN__  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002066636	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020514	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.	131.05	
3.	21	
4.		
5.		
6.