PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 February 2003                  
	DOCKET NUMBER:   AR2002074382

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Prendergast		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 that his promotion to 1st lieutenant (1LT) be corrected from 3 June 1997 to 29 April 1997.  Based upon that correction, he also requests that his promotion to captain be corrected from 1 July 1999 to May 1999.

3.  The applicant states that he was lumped into the United States Military Academy (USMA) graduation date for promotion to 1LT.  However, a review of Army regulations shows that this should not have occurred.  He should have been promoted 24 months after his appointment as a 2LT on 29 April 1995.

4.  The applicant’s military records show that he was commissioned as a 2LT, USAR, on 29 April 1995 based upon his graduation from Reserve Officers Training Corps (ROTC).  He entered active duty as a commissioned officer on 2 May 1995.

5.  He was promoted to 1LT on 3 June 1997 and promoted to captain (CPT) on 1 July 1999.

6.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The PERSCOM stated that the applicant’s promotion eligibility date (PED) to 1LT was the day he completed 24 months of active duty or 36 months of Federal commissioned service, whichever was earlier.  As such, since the applicant’s 2LT date of rank was 29 April 1995, his 1LT date of rank should have been 2 May 1997.  The PERSCOM continues that, if the Board corrects the applicant’s 1LT date of rank, the Board should also correct his date of rank to captain.  The new DOR to CPT would now be 1 June 1999.  The PERSCOM recommends approval of the applicant’s request and adds that he should be given the back pay and allowances these corrections would necessitate.  The applicant was provided a copy of this advisory opinion and concurred with its contents.

7.  Army Regulation 600-8-29, paragraph 3–1, Rules for computing promotion eligibility date to 1LT, an officer will be promoted to 1LT on the second anniversary of active duty service as a 2LT on the ADL.  If the officer’s source of commission is the Reserve Officers’ Training Corps (ROTC), active duty service commences on the year, month, and day the officer enters active duty based on the computation of travel per the Joint Federal Travel Regulation (JFTR).  An exception to this will be an ROTC graduate who is appointed and enters active duty in the month of May or June of the same year.  His or her PED will be on the second anniversary of the United States Military Academy (USMA) graduation of the year the officer entered active duty.

8.  Table 3-1 of this regulation, Rule 3, states that an ROTC graduate who is appointed in a month other than May or June will be promoted to 1LT on the second anniversary of active duty service as a 2LT on the ADL.

CONCLUSIONS:

1.  Since the applicant was not commissioned in May or June, his PEB should have been the second anniversary of his entry on active duty.  This conclusion is supported by the advisory opinion obtained from the PERSCOM.

2.  In addition, as stated by PERSOM in its advisory opinion, if the Board corrects the applicant’s PEB and corrects his effective date of promotion to first lieutenant, the applicant’s effective date of promotion to captain should also be corrected.

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:

	a.  showing that the individual concerned had a PED to first lieutenant of 2 May 1995;

b.	showing that he was promoted to first lieutenant on 2 May 1997;

c.	showing that he was promoted to captain on 1 June 1999; and

d.	paying to him the difference in pay these corrections will necessitate.

BOARD VOTE:  

___jea___  ___ecp__  ___fne__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2002074382	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.