MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            29 August 2002                  
	DOCKET NUMBER:   AR2002070673

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg 		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 30 September 1999.

APPLICANT STATES:  That his date of rank to captain was 1 October 1992.  He also states that he has been assigned to a major position since 26 July 1999.  He submits copies of his Officer Record Brief showing his dates of rank to captain and to major, his promotion orders to major and his orders showing assignment to a major position in support of his request.

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

He was appointed in the Reserve from the Reserve Officers Training Corps, as a second lieutenant effective 27 May 1987.

He entered on active duty effective 27 October 1988.  He was promoted to first lieutenant effective 26 May 1990 and to captain effective 1 October 1992.

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

He was considered and not selected by the 1998 and 1999 active duty list (ADL) promotions boards.

He was honorably discharged from active duty effective 10 July 1999.

He was appointed in the Reserve as a captain effective 11 July 1999 on the Reserve Active Status List (RASL).

He was ordered to active duty in the Active Guard/Reserve (AGR) program with a reporting date of 26 July 1999.

The Office of Reserve Promotions, Total Army Personnel Command (PERSCOM) verified that he was in a major position on his MTIG date of 30 September 1999.

He was considered and selected for promotion to major by the 2000 Reserve Components Selection Board (RCSB), which convened from 6 March to 6 April 2000.  The President approved the results of the board on 19 July 2000. 

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

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was selected for promotion to major by the 2000 RCSB with an MTIG date of 30 September 1999.  He was subsequently promoted with a date of rank of 19 July 2000, the date the President approved the board.  The applicant was in a higher graded position on his MTIG date; therefore, it was recommended that his date of rank be changed to 30 September 1999.

The opinion was forwarded to the applicant for acknowledgement/rebuttal on 18 June 2002 and he concurred on 8 July 2002.

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.  Notwithstanding the opinion from PERSCOM, the applicant is not entitled to adjustment of his date of rank for major to 30 September 1999, his MTIG date.  The fact that he was in a major's position on his MTIG date is immaterial.  He was not promotable at that time.  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 30 September 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 10 July 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.  The Board also notes here that the applicant should not expect his date of rank to be changed to 30 September 1999, since he was on the ADL until 10 July 1999 and properly considered and not selected for promotion to major in that year by the 1999 ADL promotion board.  It is also noted that the applicant should not expect his date of rank to be changed to his MTIG date as he had not been considered and selected for a Reserve promotion prior to that date.  

5.  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.

6.  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

_HBO____  _MKP___  _CJP___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070673	
SUFFIX		
RECON		
DATE BOARDED	20020829	
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.