RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 10, 2004
	DOCKET NUMBER:   AR2003090367

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Robert J. Osborn		Member	
	Mr. Lester Echols		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 that his date of rank (DOR) for promotion to the rank of major be adjusted to 28 February 1998.

2.  The applicant states, in effect, that his promotion was delayed through an administrative error and he was promoted on 28 April 1998.  However, had the error not occurred, he would have been promoted on 28 February 1998, the date indicated on his notification of promotion.  He goes on to state that he was informed that there was no record of a medical (physical) examination on file so his promotion was delayed.  He further states that he provided a copy by Telefax; however his promotion was still overlooked.  He eventually had to contact the two appropriate offices to get his promotion effected, albeit late.

3.  The applicant provides a copy of his notification of promotion status, his actual promotion memorandum, and a copy of his medical examination.

CONSIDERATION OF EVIDENCE: 

1.  He was commissioned as a United States Army Reserve (USAR) second lieutenant on 24 May 1986 and was ordered to active duty on 11 September 1986.  He was promoted to the rank of captain on 1 March 1991 and served as an infantry officer until he was honorably released from active duty on 1 August 1995, under the provisions of Army Regulation 635-100, chapter 3 and the Voluntary Early Release Program and Special Separation Benefit (SSB).  He had served 8 years, 10 months and 21 days of total active service and received a SSB payment of $49,324.71.  He was transferred to the USAR Control Group (Reinforcement).

2.  On 6 June 1997, a Notification of Promotion Status was forwarded to the applicant which congratulated the applicant on his selection for promotion to the rank of major, to be effective 28 February 1998. 

3.  On 28 April 1998, a Promotion Memorandum was published by the Total Army Personnel Command in St. Louis, Missouri, which promoted the applicant to the rank of major with an effective date and DOR of 28 April 1998.

4.  In the processing of this application an advisory opinion was obtained from the Total Army Personnel Command Office of Promotions, Reserve Components, which opined that the applicant met the maximum time in grade for promotion to the rank of major on 28 February 1998 and recommended that his DOR be adjusted to that date, which was later than the date the board was approved (27 August 1997).

5.  The advisory opinion was provided to the applicant who concurred with the opinion and requested that his records be placed before the promotion selection board for promotion to lieutenant colonel.

6.  Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the USAR.  It provides, in pertinent part, that a non-unit officer's effective date and date of promotion will be the approval date of the board or the date the officer meets maximum time in grade, whichever is later.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was selected for promotion to the rank of major with an effective date and DOR of 28 February 1998; however, an administrative error delayed his promotion until 28 April 1998.  

2.  Accordingly, it would be in the interest of justice to correct his records at this time to show that he was promoted to the rank of major effective 28 February 1998 with a DOR of 28 February 1998.

3.  Additionally, in the event the applicant is eligible for consideration for promotion to the rank of lieutenant colonel, his records should be placed before a Special Selection Board for promotion consideration, if eligible in accordance with the applicable regulations governing promotion consideration by a Special Selection Board. 

BOARD VOTE:

rtd__   ___  jns___ __ lmb    _____  GRANT RELIEF 

________  ________  _____    ___ GRANT FORMAL HEARING

      _____         _____          _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant's effective date and DOR for promotion to the rank of major to 28 February 1998 and that his records be placed before a Special Selection Board for promotion to the rank of lieutenant colonel, if eligible. 

		___John N. Slone       __
		        CHAIRPERSON

INDEX

CASE ID	AR2003090367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040210	
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.  314	131.0400/PRM EFF DATE	
2.  315	131.0500/DOR	
3.  1043	131.1100/STAB	
4.		
5.		
6.