MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 January 2003
	DOCKET NUMBER:  AR2002074228

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Mae M. Bullock		Member	
	Ms. Jennifer L. Prater		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:  Correction of his records to show that he was promoted to lieutenant colonel (LTC/0-5) with the appropriate date of rank (DOR) prior to his retirement with back pay and allowances.  

APPLICANT STATES:  That his DOR on his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1982, shows 2 December 1968.  However, in accordance with DA Pam 600-3, dated 17 Sept 1990, table
6-1, his promotion to LTC should have occurred between 4 to 7 years.  He was qualified for promotion in accordance with the Army Reserve Personnel Center (ARPERCEN) letter dated, 13 December 1982, Subject:  Selection for Promotion. He also states that had his correct DOR been used, he would have been promoted to LTC/0-5 prior to his retirement.  In support of his application, he submits two DD Forms 214 and a letter from ARPERCEN, dated 13 December 1982. 

EVIDENCE OF RECORD:  The applicant's military records show he was commissioned in the Regular Army (RA) as a second lieutenant on 2 June 1962. He was promoted to the rank of major/0-4 in the Army of the United States (AUS) on 2 December 1968.  On 4 June 1976 he was notified of his pending discharge based on his second nonselection for RA major.

On 1 December 1976, the applicant was honorably separated under the provisions of Army Regulation 635-120, unqualified resignation, in the rank of major.

On 2 December 1976, the applicant was appointed as a USAR commissioned officer effective 2 December 1976, with a DOR as USAR major of 2 December 1976.
Information provided by the Army Reserve Personnel Command (AR-PERSCOM) revealed that the applicant was considered and selected for promotion by a 1982 Mandatory Army Reserve Components Selection Board (RCSB) with a promotion eligibility date (PED) of 1 December 1983 that adjourned on 15 October 1982.  At the time of the Board, they were not aware that the applicant had retired.  A selection letter was published and mailed; however, when it came time to promote the applicant it was discovered that he had retired and his name was deleted from the board since he was not in an active commissioned officer status before his promotion was finalized.

He was transferred to the Retired Reserve on 31 July 1982, in the rank of major with a DOR of 2 December 1968 shown on his DD Form 214.  However, that DOR was in error because his permanent DOR was now his USAR major DOR of 2 December 1976.

DA Pamphlet 600-3, in effect at that time, covered the commissioned officer professional development and utilization.  Chapter 6 pertained to the US Army Reserve Officer Program.  It stated, in pertinent part, that each commissioned officer of the USAR who was in an active status and not on the Active Duty List (ADL) would be mandatorily considered for promotion at such time as they had served the required number of total years of total commissioned service and 
years in grade.

Table 6 of the regulation pertained to requirements for Officer Promotion.  It stated, in pertinent part, that in order to be qualified for promotion to lieutenant colonel an individual must have completed an officer advance course, 50 percent of the Command and General Staff College (CGSC), and 4 to 7 years time in grade (TIG) as a major.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that mandatory selection boards will be convened each year to consider Reserve Component officers in an active status for promotion to captain through lieutenant colonel.  The regulation provides that in order to be qualified for promotion to lieutenant colonel an individual must have completed 50 percent of the CGSC, 7 years of time in grade (TIG) as a major, and an officer advanced course (OAC) on or before the convening date of the respective promotion board.  

Paragraph 2-6 of the same regulation pertains to inactive and active status.  It states, in pertinent part that an officer removed from an active status before promotion is final (the effective date of promotion) will be removed from the promotion list (paragraph 3-17).  Removal will not be considered a nonselection.  If returned to an active status, the officer's name will not be placed on a promotion list or nominated for promotion unless again recommended by a selection board.  An officer returned to an active status after having been in an inactive status or retired status will not be considered for a Reserve of the Army promotion (mandatory or USAR position vacancy; or, in the case of an Army National Guard US (ARNGUS) officer, Federal recognition) until at least 1 year after the date of return to an active status.

Paragraph 3-17 pertains to removal from a promotion list.  It states that if an officer is determined to be ineligible for consideration due to removal from an active status before promotion was finalized, PERSCOM, Office of Promotion will verify the ineligibility and explain the basis for the officers' ineligibility to the Secretary of the Army.  The officer's name will then be removed from the promotion list and deleted.

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 evidence of record shows that the applicant was transferred to the Retired Reserve on 31 July 1982, in the rank of major with an incorrect DOR of 2 December 1968.  He was considered and selected for promotion, by a 1982 Mandatory RCSB that adjourned on 15 October 1982, with a PED of 1 December 1983.

2.  It was later discovered that the applicant had retired and his name was deleted from the board since he was not in an active commissioned officer status before his promotion was finalized.  His promotion was deemed invalid and his name was removed and deleted from the 1982 RCSB.

3.  Based on law and regulation, and the information provided by AR-PERSCOM, he is not entitled to promotion to lieutenant colonel prior to his retirement with back pay and allowances.  

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

__mp____  ___mb__  __jp____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074228	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19820731	
DISCHARGE AUTHORITY	AR 140-10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	310	
2.		
3.		
4.		
5.		
6.