MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 JANUARY 2003                  
	DOCKET NUMBER:   AR2002071300

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann, Jr.		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:  That his records be corrected to show his date of rank to captain as 1 June 1995.

APPLICANT STATES:  That his date of rank was originally determined to be
1 June 1995, however a re-determination was made using the same documentation and his date of rank was changed to 10 May 1994.  He states that his class, year group and peers graduated with him from chaplain officer basic school and were selected for active duty in 1995 not 1994, and that he has nonrated time between 940607 and 950607 which might have an effect on his date of rank.  In support of his request he submits a packet containing his date of rank determinations, promotion orders, his 1994 and 1995 Officer Record Briefs, his NGB Form 22 (National Guard Report of Separation and Record of Service), and his active duty for training orders for Chaplain School.  

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

The applicant has prior enlisted service from April 1979 to May 1985, as well as service in the Army National Guard as a medical service corps officer from May 1985 to May 1994.   

On 19 April 1994, he was re-appointed as a first lieutenant in the U.S. Army Reserve (USAR), as a Chaplain, retaining his current grade and date of rank.

On 10 May 1994, he was promoted to the grade of Captain in the USAR.

On 23 May 1994, he was ordered to active duty for training, with a report date of 
5 June 1994, to the Chaplain School, at Fort Monmouth, New Jersey.  He completed the course on 25 August 1994.

On 12 December 1994, he was ordered to active duty in the grade of Captain, in the Chaplain Corps, with an effective date of 1 June 1995.  His orders state that his date of rank to captain will be equal to his Reserve date of rank.  His captain Reserve date of rank was 10 May 1994.

On 18 October 1995, the U.S. Total Army Personnel Command (PERSCOM), Promotions Branch, determined the applicant’s date of rank as 1 June 1995.  However, based on a request from the Commander, USA Signal Center and Fort Gordon, dated 10 February 2000, PERSCOM recomputed the applicant’s date of rank changing it from 1 June 1995 to 10 May 1994.  

Department of the Army Pamphlet 165-17 (Chaplain Personnel Management) states, in pertinent part, that a officer accessed from the USAR in the grade of captain will be ordered to active duty in that grade, with an active duty date of rank equal to the officer’s Reserve date of rank, calculated up to, but no more that 36 months time in grade.
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.  It appears that PERSCOM made an error in October 1995, when they originally computed the applicant’s date of rank as 1 June 1995.  The 
re-computation completed in February 2000, reflects the date of rank the applicant was due based on instructions published in his active duty orders, as well as regulatory guidance.  

2.  The applicant’s nonrated time, his year group, and his graduation date have no bearing on his established date of rank.  His orders clearly state that he would enter active duty in the grade of captain and that he would retain his Reserve date of rank.

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 that 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

__KAN __  __GJW__  __PHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071300	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030123	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.