MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           2 October 2003                   
		DOCKET NUMBER:  AR2003087573

	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:  In effect, correction to his date of rank for major and promotion consideration to lieutenant colonel (LTC) by a special selection board (SSB) under 2002 criteria. 

APPLICANT STATES:  That he was promoted to captain on 1 May 1989 and should have been considered by the 1996 major selection board.  If he had been promoted to major in 1996 then the 2002 LTC selection board should have considered him.  He also states that he was advised by the Army Reserve Personnel Command in 1996 that due to new policies under the Reserve Officer Personnel Management Act (ROPMA), he had to be considered by the next scheduled board in 1997.  ROPMA was not in effect at the time that this selection should have initially occurred.  In support of his request he submits copies of his Notification of Promotion Status and his course completion certificate for the Command and General Staff Course.

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

He was appointed in the Reserve as a second lieutenant effective 20 May 1984.  He entered on active duty effective 20 December 1984.  He was promoted to first lieutenant effective 20 June 1984 and to captain effective 1 May 1989.  He was separated from active duty as a Regular Army captain effective 1 May 1996.

He was appointed in the Reserve as a captain effective 2 May 1996.

The 1996 Reserve Components Selection Board (RCSB) convened from 12 March to 5 April 1996.

Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 30 April 1996.

He was considered and selected for promotion to major by the 1997 RCSB, which convened from 11 March to 11 April 1997.  The President approved the board results effective 27 August 1997.

He was promoted to major with a promotion effective date and date of rank of 27 August 1997.

Based on the required 7 years time in, his MTIG date for promotion to LTC is 26 August 2004. 

The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that a review of the applicant’s previous files revealed that his date of rank for captain was 1 May 1989.  Time in grade requirements to major (7 years), made his promotion eligibility date 30 April 1996.  The 1996 RCSB was held from 12 March to 5 April 1996.  The applicant was released from active duty on 1 May 1996; therefore, he is not eligible for consideration by the 1996 board.  The earliest board the applicant was eligible for was the 1997 board and was subject to the ROPMA that went into effective on 1 October 1996.  Again, the applicant was not eligible for an earlier board under pre-ROPMA criteria.

The opinion also stated that the applicant was considered by the 1997 RCSB and selected for promotion.  He was given a date of rank of 2 October 1997 and on 2 October 1997, his date of rank was subsequently corrected to the 27 August 1997 (the date the President approved the board).  The 2002 LTC RCSB considered majors whose dates of rank were 28 February 1997 and earlier.  Therefore, the applicant was not eligible to be seen by the 2002 board.  Based on these facts, it was recommended his application be denied.

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

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers on the Reserve Active Status List (RASL).  This regulation specifies that an officer is promoted after selection, if all qualifications are met.  An officer selected by a mandatory promotion board that has a MTIG date before the approval date of the board, will have a promotion date and effective date no earlier than the date of approval of the mandatory board by which recommended. In no case, will the date of rank or effective date of promotion be earlier than the date the board is approved.

This regulation further specifies that an officer will not be considered for a Reserve promotion unless in an active Reserve status not later than the date a respective RCSB convenes to be considered by that RCSB for a Reserve promotion.

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.  The applicant is not entitled to adjustment of his date of rank for major and promotion consideration by a special selection board to lieutenant colonel under 2002 criteria.  He has not shown error or injustice for the relief he is requesting.

2.  The Board notes his contention that he should have been considered for promotion to major by the 1996 RCSB.  However, the applicant was on active duty when the 1996 RCSB convened and not eligible for consideration.  The applicant was properly considered by the 1997 RCSB, subsequent to his release from active duty and placement on the RASL.

3.  The Board also notes the applicant’s contention that he should have been considered by the 2002 LTC RCSB.  However, promotion from major to LTC requires 7 years time in grade and the earliest the applicant would be eligible for consideration would be 2003, one year in advance of his MTIG in order to be promoted on or before his MTIG date of 26 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	AR2003087573	
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.	131.03	
4.	131.05	
5.		
6.