RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 19, 2004
	DOCKET NUMBER:   AR2003090726

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Mr. Melvin H. Meyer		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 a review and change to her date of rank (DOR) for promotion to the rank of major.

2.  The applicant states that she made the promotion list for promotion to the rank of major in January 1998 while assigned to the United States Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)); however, she had to have a current physical in order to be promoted.  She further states that she had a physical done in November 1998 at Fort McPherson, Georgia; however, after checking on the physical for more than a year, she was told that it had not been completed and was thus destroyed.  She goes on to state that she again took a physical in November 1999 and checked on it often.  In June 2000, she joined a troop program unit (TPU) and went to Fort McPherson, found her physical and walked it through their system and got it signed.  It was then that she was informed that she could not get promoted until she found a valid position, which took until 10 March 2003, therefore, on the advice of her personnel management officer (PMO), she transferred back to the IRR to get promoted; however, she does not believe that she should be penalized and delayed for consideration to the rank of lieutenant colonel because the system was broken. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant's Official Military Personnel File (OMPF), though somewhat incomplete and inaccurate, shows that she was commissioned as a USAR second lieutenant in the medical service corps on 6 August 1985 and was assigned to the USAR Control Group (Reinforcement).  She was promoted to the rank of first lieutenant on 8 August 1987 and to the rank of captain on 4 August 1991.

2.  On 22 May 2000, she was voluntarily transferred to a TPU at Fort Benning, Georgia.  On 10 March 2001, she was promoted to the rank of major.

3.  In the processing of this case a staff advisory opinion was provided to the Board by the Total Army Reserve Personnel Command (ARPERSCOM) which opined that the applicant was selected for promotion by the 1998 Army Medical Department (AMEDD) Board that was approved on 27 May 1998; however, the applicant did not meet promotion qualifications (Army Physical Fitness Test and height and weight qualifications) until 10 March 2001.  Accordingly, her DOR was correct.  The advisory opinion was provided to the applicant on 29 December 2003 and to date no response has been received by the staff of the Board.

4.  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 an officer recommended for promotion to the next higher grade must be in an active Reserve status, must complete the service remaining requirements for the grade to which promoted, must be medically qualified, must have undergone a favorable security screening and must meet the height and weight standards prescribed in Army Regulation 600-9. 

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant has failed to show through the evidence submitted with her application or the evidence of record that her promotion was unduly delayed through no fault of her own or that she in fact met the qualifications for promotion sooner than 10 March 2001.

3.  Therefore, absent evidence to the contrary, the Board must presume that the actions by the Department to delay her promotion until she demonstrated that she met promotions qualifications was in accordance with the applicable regulations.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

rjw   ____  mm_____  ryd _____  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.

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090726	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.