PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 September 2002
	DOCKET NUMBER:   AR2002069799

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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 a U.S. Total Army Personnel Command (PERSCOM), St. Louis, Missouri, Memorandum, dated 7 May 1998, 
Subject:  Notification of Promotion Status, be removed from his Official Military Personnel File (OMPF).   

3.  The applicant states, in effect, that he was promoted to first lieutenant (1LT) on 29 May 1995.  Less than two years later, his records were mistakenly placed before a promotion selection board and he was erroneously considered for promotion to captain (CPT) in 1997.  In 1998, he missed the cut-off for promotion consideration by 13 days, and was not able to be considered for promotion until 1999.  He claims that this non-select memorandum in his records will negatively affect his consideration for promotion to higher grades and could be used as a discriminator between he and other qualified candidates.  

4.  The applicant’s military records show that as of the date of his application to this Board, he was still serving as a CPT in the United States Army Reserve (USAR). 

5.  On 24 April 1995, the United States Army Reserve Command (USARC) published a promotion memorandum that authorized the applicant’s promotion to the rank of 1LT, effective 29 May 1995.  

6.  On 7 May 1998, the promotion status memorandum in question was published by PERSCOM, St. Louis.  It indicated that the applicant was considered, but not selected for promotion to CPT.  

7.  On 16 May 2000, PERSCOM, St. Louis, published a promotion memorandum pertaining to the applicant.  It authorized the applicant’s promotion to CPT, effective 1 April 1999.  

8.  In connection with the processing of this case, an advisory opinion was requested of and received from a PERSCOM, St. Louis, Reserve Component (RC) promotion official.  It indicates that the applicant was considered and not selected for promotion by the 1996 (F2) Department of the Army (DA) RC CPT selection board.  However, it also confirms that he was not promoted to 1LT until 29 May 1995. The 1996 (F2) DA RC CPT selection board was authorized to consider 1LTs with dates of rank of 16 May 1993 or earlier.  Since the applicant’s date of rank was 29 May 1995, he should not have been considered for promotion by the 1996 board.  Based on his review, the RC promotion official recommended that the applicant’s name be deleted from the 1996 (F2) DA RC CPT selection board list and that the 7 May 1998 non-selection memorandum in question be removed from his record.  On 10 May 2002, the applicant was provided a copy of this advisory opinion in order to have the opportunity to reply. To date, he has failed to respond.  
9.  Army Regulation 135-155 provides the policy and procedure for RC officer promotions.  Table 2-1 (Time in Grade Requirements) specifies that the minimum number of years in the lower grade required for promotion from 1LT to CPT is 
2 years, and the maximum number of years in the lower grade is 5 years.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the memorandum in question should be removed from his OMPF and it finds this claim has merit.  The evidence of record shows that the applicant was not promoted to 1LT until 
29 May 1995.  Thus, he was not eligible to be considered for promotion by the 1996 board, which was authorized to consider 1LTs with a date of rank of 16 May 1993 and earlier.  

2.  In view of the facts of this case, the Board concurs with the recommendations of the PERSCOM St. Louis, RC promotion official that the applicant’s name be deleted from the 1996 (F2) board considered list, and that the 7 May 1998 memorandum in question be removed from his OMPF at this time. 

3.  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 by deleting the name of the individual concerned from the considered list of the 1996 (F2) DA RC CPT promotion selection board; and by removing the 7 May 1998 Memorandum, Subject:  Notification of Promotion Status, from his OMPF.   

BOARD VOTE:  

__JNS__  __DPH___  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___   John N. Slone       _
		        CHAIRPERSON

INDEX

CASE ID	AR2002069799	
SUFFIX		
RECON		
DATE BOARDED	2002/09/12	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  281	126.0400	
2.		
3.		
4.		
5.		
6.