MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            4 April 2002                 
	DOCKET NUMBER:   AR2002066647

	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. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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:  Reconsideration of his date of rank for captain.

APPLICANT STATES:  That he had recently been accessed by the Board for Correction of Military Records and had been given a favorable decision.  Unfortunately he believes the date accessed was incorrect.  He also states that prior to becoming an Active Guard/Reserve soldier, he was assigned to a captain’s slot in a Troop Program Unit (TPU) and he was assigned to this slot on 13 April 1999, and believes this should be the first opportunity for him to be promoted.  He submits copies of his orders dated 13 April 1999 and 26 July 1999 in support of his request.

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

Orders dated 13 April 1999, shows he was assigned to a TPU effective 13 April 1999.  The position grade is not indicated on these orders.

Order dated 26 July 1999, shows he was ordered to active duty in AGR status effective 12 September 1999.  

ARPC Form 155-R completed by the applicant’s commander and submitted with his request indicated he was assigned to a captain’s position effective 12 September 1999.

He was promoted to captain effective 18 April 2000.

On 31 March 2001, he applied to the Army Board for Correction of Military Records under the Reserve Officer Personnel Management Act (ROPMA) project for adjustment to his date of rank of captain.

On 31 July 2001 (docket number AR2001055354), the Board recommended the applicant’s date of rank of captain be adjusted to 12 September 1999, the date he was assigned to the higher graded position, based on a promotion error.  The recommendation was approved in September 2001.

On 5 October 2001, the Office of Reserve Promotions, Total Army Personnel Command adjusted his date of rank of captain from 18 April 2000 to 12 September 1999.

Current promotion policy required completion of the necessary military education (officer basic course), civilian education (baccalaureate degree), and verification of assignment to a captain position as appropriate.

Only officers selected for promotion to captain by Reserve Components Selection Boards after 1 October 1996 on their first-time consideration were eligible for date of rank adjustment consideration.  All of the officers eligible for adjustment of their date of rank under these provisions were invited to apply to the ABMCR by Departmental promotion officials, and were provided detailed instructions and forms for this purpose.

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.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank of captain from 12 September to 13 April 1999.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that he was assigned to a captain’s position in a TPU on 13 April 1999 and this should have been his first opportunity for promotion.  However, his ARPC Form 155-R, that he submitted with his request for adjustment to his date of rank for captain, signed by his commander,  identifies he was assigned to a captain’s position effective 12 September 1999.  Documentation submitted with his reconsideration request shows he was assigned to a TPU effective 13 April 1999; however, the position grade is not identified.  It is also noted that he did not submit evidence to show he was assigned to a higher graded position earlier than 12 September 1999 with his request for reconsideration.

3.  The Board concludes that the applicant is not entitled to an additional adjustment to his date of rank for captain.  He has not shown otherwise.

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

_ra_____  _kyf____  _aao____     DENY APPLICATION

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

INDEX

CASE ID	AR2002066647	
SUFFIX		
RECON		
DATE BOARDED	20020404	
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.