MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 June 2002
	DOCKET NUMBER:   AR2002069566

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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:  In effect, that he be promoted to chief warrant officer three (CW3), effective in Fiscal Year (FY) 2001.  

APPLICANT STATES:  In effect, that he was in the United States Army Reserve (USAR) Control Group during FY 2001 and based on his chief warrant officer two (CW2) date of rank being 7 June 1992, he should have been promoted.

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

On 7 June 1990, he was appointed a warrant officer one (W01) in the USAR, and he has served in a Reserve Component (RC) in that status continuously since that date. 

On 20 May 1992, Orders Number 98-180 was published by the 15th Personnel Services Company, Fort Hood, Texas, which authorized his promotion to CW2, effective 7 June 1992.  

On 20 August 1993, the applicant was appointed a CW2 in the North Carolina Army National Guard (ARNG).  On 15 April 1998, he was transferred to the inactive ARNG, and on 1 August 2000, he was honorably discharged from the ARNG and transferred to the USAR Control Group, Individual Ready Reserve (IRR).  The available records do not contain confirmation when the applicant returned to an active Reserve status from the IRR.

In connection with the processing of this case, an advisory opinion was requested of and received, dated 30 January 2002, from Army Reserve Personnel Command (ARPERSCOM) promotion officials.  It stated, in effect, that the applicant was not eligible for promotion by the FY 2001 RC promotion selection board because he was in an inactive Reserve status from 15 April 1998 through 1 August 2000.  In accordance with the applicable regulation, an officer will not be considered for promotion until at least one year after the date of return to an active status from an inactive status.  The FY 2001 selection board convened on 23 April 2001, and the applicant’s one year did not expire until 
31 July 2001.  Therefore, ARPERSCOM promotion officials opine that he was not eligible for promotion consideration in FY 2001.  

On 19 April 2002, the applicant was provided a copy of the ARPERSCOM advisory opinion in order to be provided the opportunity to respond.  To date, he has failed to reply. 

Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers of the ARNG and of commissioned and warrant officers (WO) of the USAR.  Paragraph 2-6 (Active and Inactive status) states, in pertinent part, that an officer returned to active status after having been in an inactive or retired status will not be considered for a Reserve of the Army promotion for at least 1 year after the date of return to an active status. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The Board notes the applicant’s contention that he should have been promoted in FY 2000.  However, by regulation, an officer returned to active status after having been in an inactive or retired status will not be considered for promotion for at least 1 year after the date of return to an active status.  

2.  Lacking evidence to the contrary, the Board presumes that the 
31 July 2001 date listed in the ARPERSCOM opinion is correct, and will be the date the applicant completes 1 year back in an active status.  Therefore, the Board finds an insufficient evidentiary basis on which to grant the requested relief. 

3.  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.

4.  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

__JNS  __  __EJA  __  _ _TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002069566	
SUFFIX		
RECON		
DATE BOARDED	2002/06/25	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.