PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 May 2003       
	DOCKET NUMBER:   AR2003086769

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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 records be corrected to show he was promoted to captain, O-3.

3.  The applicant states that, when he transitioned from Reserve duty to active duty, the Active Duty Personnel Section told him his Reserve promotion to captain, based on the promotion board that convened in November 2000, did not carry over to active duty.  He submitted a promotion packet for promotion to captain in November 2002 but was nonselected because he had already received the promotion.  However, he is still a first lieutenant because the system failed.

4.  The applicant’s military records show that he was commissioned a second lieutenant in the U. S. Army Reserve on 11 December 1993.  He was promoted to first lieutenant on 5 March 1997.  

5.  A Department of the Army Reserve Components Selection Board convened on 13 November 2000 and considered the applicant for promotion to captain.

6.  Orders dated 23 January 2001 ordered the applicant to active duty for three years with a reporting date of 23 February 2001.

7.  The Department of the Army Reserve Components Selection Board results were approved on 20 March 2001.  By letter dated 26 April 2001, the Office of Promotions, Reserve Components, U. S. Total Army Personnel Command informed the applicant that he had been selected for promotion to captain with a promotion eligibility date of 4 March 2002.

8.  In the processing of this case, an advisory opinion was obtained from the Office of Promotions, Reserve Components, U. S. Total Army Personnel Command.  That office noted that Title 10, U. S. Code stipulates that an officer who entered active duty between 30 October 2000 and 27 December 2001 for    3 years or less would remain on the Reserve Active Status List (RASL).  Since the applicant is still on the RASL, he is eligible for promotion based on the 2000 selection.

9.  A copy of the advisory opinion was provided to the applicant.  On 5 May 2003, he concurred with the advisory opinion.

10.  The National Defense Authorization Act for fiscal year 2001 amended Title 10, U. S. Code, section 641(1) to allow Reserve Component officers called up for a period of 3 years or less to remain on the RASL and be considered by Reserve Component promotion consideration boards.  

CONCLUSIONS:

1.  Although the applicant entered active duty on 23 February 2001, he is still a U. S. Army Reserve officer on the RASL.  Therefore, in accordance with Title 10, U. S. Code, section 641(1) as amended and the advisory opinion, the applicant was entitled to promotion to captain on his promotion eligibility date of 4 March 2002.

2.  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 showing the applicant was promoted to captain with a promotion eligibility date of 4 March 2002.

BOARD VOTE:  

__lls___  __le____  _fcj____        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086769	
SUFFIX		
RECON		
DATE BOARDED	20030529	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.