RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 November 2003                  
	DOCKET NUMBER:   AR2003086299

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his date of rank as a first lieutenant, a captain and a major be corrected. 

2.  The applicant states that his date of rank as a first lieutenant, 10 August 1989, was wrongfully based upon the date he reported to the Transportation Officer Basic Course.  It should have been based upon his commissioning date.  He contends, in effect, his 8 August 1995 appointment as a captain in the Active Guard/Reserve (AGR) program was based on this erroneous date of rank as a first lieutenant.  He believes that, if his original date of rank had been properly determined, each subsequent promotion would have occurred earlier. 

3.  The applicant provides a brief summary of his career and service record documents to substantiate his request.

CONSIDERATION OF EVIDENCE:  

1.  The applicant completed Reserve Officer Training Corps (ROTC) requirements and was appointed a Reserve second lieutenant on 13 May 1989.  He entered the Transportation Officer Basic School on 10 August 1989 and continued on active duty upon completion.

2.  Two years later, he was promoted to first lieutenant on 9 August 1991.  He left active duty on 12 March 1992. 

3.  On 8 August 1995, the applicant was appointed an AGR captain. 

4.  Army Regulation 600-8-29 (Promotion of Active Duty Officers), paragraph 2-1 states that an Other Than Regular Army (OTRA) ROTC 2LT appointed under 10 USC 2106 , 2107, or 2107a in May or June of any year, the Active Date Of Rank will be the same as the USMA graduation date for that year, if all the officer's service as a 2LT prior to placement on the Active Duty List (ADL) was in an active status.  If the officer has some commissioned service after the date of appointment but before placement on the ADL that was in an inactive status, the ADOR will be the date of his or her placement on the ADL backdated by a period equal to his or her service in an active status in that grade, except that such ADOR will not be earlier than the USMA graduation date in the year in which the officer was appointed. 

5.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), paragraph 3-7 sets for the policy for determining appointment grade and date of rank.  It provides that entry grade and date of rank in commissioned officer grades will be determined by the entry grade credit awarded on appointment. The entry grade credit awarded will be the sum of the prior commissioned service allowed. 

6.  During the processing of this case an advisory opinion was obtained from the Army Human Resources Command [then the Total Army Personnel Command]. The deputy chief of the Promotions Branch opined that the applicant's original date of rank on the active duty list was correctly determined to be 10 August 1989, the day he entered active duty for the OBC.  His subsequent dates of rank were, consequently, also correct.  A copy of the opinion was furnished the applicant for rebuttal.  He did not respond within the time allotted.

DISCUSSION AND CONCLUSIONS:

1.  In accordance with the governing directive, Army Regulation 600-8-29, the applicant's original date of rank on the ADL was correctly determined to be 10 August 1989, the date he entered active duty.  Although he had been appointed on 13 May 1989 there is no available evidence to show that he rendered any service during the interim.  Therefore, he was not entitled to have his ADOR backdated. 

2.  His date of rank when he was appointed an AGR captain was also properly determined under Army Regulation 135-100 based on the sum of the prior commissioned service.

4.  The foregoing is in consonance with the advisory opinion from the Promotions Branch, Army Human Resources Command.

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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ___LEM__  ___YM  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		_Raymond V. O'Connor, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086299	
SUFFIX		
RECON		
DATE BOARDED	20031125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.