MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            2 October 2003                  
	DOCKET NUMBER:   AR2003087571

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 to his date of rank for first lieutenant from 4 August 1999 to an earlier date.

APPLICANT STATES:  That he was commissioned on 28 August 1981 as a second lieutenant, promoted to first lieutenant on 27 August 1984 and subsequently promoted to captain on 26 August 1988.  He has held several positions within the United States Army Reserve (USAR), which included a battery commander of a training unit.  He also states that he believes this experience should alter his date of rank to encompass his time in grade as a captain.  In support of his request he submits copies of his promotion letter for captain, his officer record brief, and a letter of commendation.

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

He was appointed in the United States Air Force Reserve as a second lieutenant effective 28 August 1981 and was separated effective 2 March 1983.

He was appointed in the Oregon Army National Guard (ORARNG), Chemical Branch, as a second lieutenant effective 3 May 1983, with a date of rank of 28 August 1981, with prior service.

He was promoted to first lieutenant effective 27 August 1984 and to captain effective 26 August 1988.

He was separated from the Ready Reserve effective 3 December 1990 and transferred to the USAR Control Group (Retired).

On 18 September 2002, he was voluntarily released from the Retired Reserve and assigned to the USAR Control Group (Reinforcement).

He was appointed in the Reserve, Army Nurse Corps, as a first lieutenant effective 2 December 2002, with 5 years, 3 months and 28 days constructive service credit (CSC).  Based on his appointment with an overage of 3 years, 3 months and 28 days, his date of rank was adjusted to 4 August 1999.

His Record of Award of Entry Grade Credit (Health Services Officers) shows he was awarded 4 years, 8 months and 17 days credit for his service as an Army officer in the Chemical Branch and 7 months and 11 days credit for his work experience as a Registered Nurse for a total entry grade credit of 5 years, 3 months, and 28 days.

Based on his date of rank for first lieutenant and the required 5 years in the lower grade, his maximum time in grade (MTIG) date for promotion to captain is 3 August 2004.

The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant does not have a basis to have his date of rank adjusted from 4 August 1999.  The applicant was promoted to a captain in the Chemical Branch on 26 August 1988, and served in that status until his retirement on 3 December 1990.  The applicant was reappointed in the Army Nurse Corps as a first lieutenant on 2 December 2002, with 5 years, 3 months and 28 days of CSC.  He was appointed with an overage of credit of 3 year, 3 months and 28 days; therefore, his date of rank was adjusted to 4 August 1999.  Since the applicant was appointed with CSC he is not eligible for an earlier date of rank.  In view of the facts, it was recommended that the applicant’s request be denied. 

The opinion was forwarded to the applicant for acknowledgment/rebuttal on 25 May 2003.  He did not respond.

Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve in the six branches of the Army Medical Department (AMEDD).  This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.  

Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers, in effect at the time.  This regulation specifies that promotion from second lieutenant to first lieutenant required completion of 3 years in the lower grade.  Reserve officers appointed subsequent to 1 October 1996 in the grade of first lieutenant will be considered for promotion to captain after serving 5 years 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, and advisory opinion, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his date of rank for first lieutenant.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes the applicant’s contentions; however, the applicant was promoted to captain with a date of rank of 26 August 1988 while serving in the Chemical Branch.  He was separated from the Reserve effective 3 December 1990 based on his retirement.  He was subsequently appointed in the Reserve, Army Nurse Corps, as a first lieutenant with CSC for his prior service.  With an overage of 3 years, 3 months and 28 days CSC his date of rank for this appointed was adjusted to 4 August 1999.  He was appointed on 2 December 2002 and his date of rank was adjusted based on an overage of his CSC; therefore, he is not eligible for an earlier date of rank.
3.  The Board also notes that the applicant’s prior service credit made him eligible for appointment in the Army Nurse Corps as a first lieutenant instead of a second lieutenant.  It is also noted that he is eligible for promotion to captain in the Army Nurse Corps on or before 3 August 2004.

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

_JTM____  _KAN___  __LE____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087571	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.