MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 April 2002                  
	DOCKET NUMBER:   AR2002067081

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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:  Adjustment to his date of rank for first lieutenant to 29 May 1998.

APPLICANT STATES:  That he was not promoted to first lieutenant in a timely manner due to administrative error.  He also states that he met all promotion criteria outlined in Army Regulation 135-155, chapter 2 and in ARPC Form 
155-R.  He submits copies his appointment orders dated 31 May 1996, promotion memorandum dated 21 December 1998, his certificate of clearance and/or security determination, service school evaluation report, two officer evaluation reports and a memorandum of support from his commander dated 27 June 2001 in support of his request.  His commander stated that the applicant was not timely promoted based on administrative error.

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

He was appointed in the Pennsylvania Army National Guard as a second lieutenant effective 29 May 1996.

He was promoted to first lieutenant effective 21 December 1998.

Documentation submitted with the application dated 27 June 2001 shows that his commander requested approval from the Office of Reserve Promotions, Total Army Personnel Command for adjustment of the applicant’s date of rank for first lieutenant to 29 November 1997.  

Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that Reserve officers appointed prior to 1 October 1996 in the grade of second lieutenant will be considered for promotion after serving 3 years time in grade without review by a selection board. This will be determined far enough in advance to permit promotion on the date promotion service is completed.  The regulation also shows that 2 years of time in grade is required on 1 October 1996.

The Reserve Officers Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers.  The law was implemented on 1 October 1996.  ROPMA provides that Reserve officers appointed on or after 1 October 1996 in the grade of second lieutenant will be considered for promotion to first lieutenant after serving 2 years time in grade without review by a selection board.  

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 correction to his date of rank for first lieutenant.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant’s contention, as well as his commander’s statement, that he was not promoted to first lieutenant in a timely manner and promoted 30 months after his commissioning date have been noted by the Board.  However, the applicant was appointed as a second lieutenant effective 29 May 1996 prior to the implementation of ROPMA, which became effective 1 October 1996.  He was promoted to first lieutenant effective 21 December 1998, 6 months earlier than the required 3 years.  The Board also notes that promotion to first lieutenant prior to ROPMA required completion of 3 years time in the lower grade and that a promotion date of 29 November 1997 would be less than 2 years of time in grade completed.

3.  The applicant’s date of rank for first lieutenant of 21 December 1998 was proper.  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.
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

_bje____  _fne_____  _reb____   DENY APPLICATION

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

INDEX

CASE ID	AR2002067081	
SUFFIX		
RECON		
DATE BOARDED	20020418	
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.