RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  13 January 2004
	DOCKET NUMBER:  AR2003090465

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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 adjustment to his date of rank for captain to 1 October 1988.

2.  The applicant states that on 29 May 1995, he left active duty to pursue a career with the Federal Bureau of Investigation.  In order for him to assume the position he had to resign his commission based on the fact this was in a key position and could not be held by any member of the active or inactive Reserve.  The applicant also states that prior to leaving the Army he had fulfilled all prerequisites for selection to major.  He completed the Command and General Staff College and commanded an Armor Branch unit for over 24 months.  He feels that he has contributed greatly to the Army and this country and looks forward to continuing his service in positions of additional responsibility.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records were not provided to the Board.  Information herein was obtained from officials of the Office of Promotions, Reserve Components, Human Resources Command and the DD Form 214 submitted by the applicant that shows he was appointed in the Reserve as a second lieutenant effective 18 May 1984.

2.  The applicant entered on active duty effective 21 June 1984 and attained the rank of captain effective 1 October 1988.  He resigned his commission and was separated from active duty effective 29 May 1995.

3.  The applicant was appointed in the Reserve as a captain effective 22 October 2001.  

4.  In July 2003, the Office of Promotions, Reserve Components, Human Resources Command, adjusted the applicant's date of rank for captain from 22 October 2001 to 24 February 1995.  The date of rank adjustment was based on his break in service from 29 May 1995 to 22 October 2001.  Based on the applicant's adjusted date of rank for captain he was eligible for promotion consideration to major by the 2003 Reserve Components Selection Board.

5.  He was considered for promotion to major by the 2003 Reserve Components Selection Board that convened in November and recessed in December 2003.  The board results have not been released.

6.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies the date of rank is the date the officer actually or constructively was appointed or promoted to a specific grade.  

7.  Army Regulation 135-133 prescribes the responsibility and procedures for providing a uniform system for administering and maintaining the Ready Reserve qualification records.  This regulation provides that a key employee is any Federal employee who occupies a key position that cannot be vacated during a national emergency or mobilization without seriously impairing the capability of the parent Federal agency or office to function effectively.  All Ready Reserve soldiers occupying key positions will be transferred from the Ready Reserve to the Standby Reserve, the Retired Reserve if eligible, and so requested, or discharged.  This regulation further specifies that when the reason for the transfer no longer exists, a soldier may, on request, be considered for return to the Ready Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to adjustment to his date of rank for captain to 1 October 1988.  

2.  The applicant resigned his commission effective 29 May 1995 to pursue a career with the Federal Bureau of Investigation as a key employee into a position that required that it not be filled by a Ready Reserve member to preclude the position from being vacated during a mobilization.

3.  The applicant was appointed in the Reserve effective 22 October 2001.  At that time he was given a date of rank for captain of 22 October 2001.  His date of rank was later adjusted to 24 February 1995, based on his total break in service time being added to his date of rank for captain of 1 October 1988.  Therefore, he is not entitled to an earlier date of rank for captain.

4.  Based on the adjusted date of rank the applicant was appropriately considered for promotion to major by the 2003 promotion selection board based upon the completion of the required 7 years time in grade.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lm___  ___pm___  __ra____  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.

		___Lana E. McGlynn___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090465	
SUFFIX		
RECON		
DATE BOARDED	20040113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.