MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 May 2002                  
	DOCKET NUMBER:   AR2002069397

	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. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin 		Member	
	Mr. John T. Meixell		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 major to 1 July 1999.

APPLICANT STATES:  That his promotion should be based on the promotion eligibility date as 7 years time in grade as a captain.  He submits copies of his promotion orders for captain and major in support of his application.

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

He was appointed in the Reserve as a second lieutenant effective 30 January 1987.

He entered on active duty effective 27 September 1988, on the Active Duty List (ADL).  He was promoted to first lieutenant effective 29 January 1990 and to captain effective 1 July 1992.

Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 30 June 1999.

He was honorably separated from active duty effective 27 November 1999 for non-selection of permanent promotion to major.  He was transferred to the USAR Control Group (Reinforcement), on the Reserve Active Status List (RASL).

An Officer Management Division official, Army Reserve Personnel Command, verified that the applicant was placed a major position effective 28 November 1999, the date he was entered into the Active Guard/Reserve Program.

He was considered and selected for promotion to major by the 2000 RCSB.  This was the first RASL promotion board he was eligible for past his MTIG date.  It convened from 7 March to 6 April 2000.  The President approved the results of the board on 19 July 2000.  He was not eligible for consideration by an earlier promotion board since he was on active duty until 27 November 1999.  The 1999 RCSB convened from 2 March to 2 April 1999, and he was not selected for promotion while on active duty in 1999.

He was promoted to major with a date of rank and promotion effective date of 19 July 2000.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers on the RASL.  This regulation specifies that an officer is promoted after selection, if all qualifications are met.  An officer selected by a mandatory promotion board that has a MTIG date before the approval date of the 

board, the officer’s promotion date and effective date will be no earlier than the date of approval of the mandatory board by which recommended.  In no case, will the date of rank or effective date of promotion be earlier than the date the board is approved.

This regulation further specifies that an officer will not be considered for a Reserve promotion unless in an active Reserve status not later than the date a respective RCSB convenes to be considered by that RCSB for a Reserve promotion.

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.  The applicant is not entitled to adjustment of his date of rank for major to 1 July 1999, his MTIG date.  He has not shown error or injustice for the relief he is requesting.

2.  The Board notes his contention that he should have a date of rank of 1 July 1999 based on completion of 7 years as a captain.  The Board concludes however, the applicant was properly considered when he was not selected for promotion to major in 1998 and 1999 while on the ADL.  He was fairly considered for promotion but was not selected.

3.  Subsequent to the applicant’s non-selections for promotion to major while on active duty, and his separation from active duty on 27 November 1999, he was properly considered for Reserve promotion by the 2000 RCSB, the first board held after his separation and transfer to the RASL.  This board convened from 7 March to 6 April 2000, and was approved by the President on 19 July 2000.  He was promoted immediately, on 19 July 2000, with a date of rank of 19 July 2000.  His date of rank and promotion effective date are proper and 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

_sac____  _jtm____  _kwl____     DENY APPLICATION

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

INDEX

CASE ID	AR2002069397	
SUFFIX		
RECON		
DATE BOARDED	20020507	
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.