PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          25 June 2002                    
	DOCKET NUMBER:  AR2002067742

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 he be considered for promotion to captain (CPT) in the U. S. Army Reserve (USAR) under criteria for 1994 through 1999.

3.  The applicant states that he was promoted to first lieutenant (1LT) in the USAR on 7 October 1990.  Based on this date of rank (DOR) for 1LT, he was eligible for promotion to CPT on 6 October 1994.  However, he was overlooked by promotion boards from 1994 through 1999.  He provides a memorandum from the Department of the Army (DA) Special Selection Boards, dated 16 October 2001, that confirms this circumstance.

4.  The applicant’s military records show that he was commissioned as a second lieutenant (2LT) in the USAR Army Nurse Corps on 24 October 1988.  On 
7 October 1990, he was promoted to 1LT.  From 1991 to 2001, he served as a nurse in the USAR Troop Program Unit (TPU), 2290th U. S. Army Hospital, now located in Washington, D.C..  He was selected for promotion to CPT by a 
DA Reserve Components Selection Board for the Army Medical Department that convened on 10 January 2000, whose recommendations were approved on 
25 June 2000.  On 22 January 2001, the U. S. Army Reserve Personnel Command (AR-PERSCOM) published a memorandum promoting him to CPT with a DOR and effective date of 19 January 2001.  On 31 October 2001, he transferred to the Retired Reserve.

5.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  It states, in pertinent part, that a 1LT is eligible for mandatory promotion to CPT at 4 years time in grade as a 1LT.

CONCLUSIONS:

1.  The applicant was eligible for promotion to CPT on 6 October 1994, but his record was erroneously not considered by promotion boards from 1994 through 1999 that should have considered him for promotion.  He should be considered for promotion to CPT by DA Special Selection Boards under promotion criteria for 1994 through 1999.

2.  In view of the foregoing, 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.   considering him for promotion to CPT by DA Special Selection Boards under promotion criteria for 1994 through 1999; and 

	b.  if selected for promotion, provide him pay and allowances as CPT from the date he would have been promoted under the criteria of the board by which selected.

BOARD VOTE:  

__jns___  __eja___  __tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067742	
SUFFIX		
RECON		
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.