MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 August 2000
	DOCKET NUMBER:  AR1999032056

	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:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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:  His date of rank for major be adjusted to 1 August 1997.

APPLICANT STATES:  In effect, that the 25 November 1997 date conflicts with the date of 31 March 1995 for date of rank shown on his notification of promotion status dated 6 June 1997.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information was obtained from documents provided by the Office of Reserve Promotion, Total Army Personnel Command (PERSCOM) which show:

While serving as a member of the Reserve, the applicant was considered and selected for promotion to major by the 1997 Reserve Components Selection Board (RCSB).

A Notification of Promotion Status dated 6 June 1997 advised the applicant his effective date for promotion to major was 31 March 1995.

The applicant was assigned to a major position effective 25 November 1997.

He was issued a corrected Promotion Memorandum dated 19 November 1997, stating his effective date for promotion to major was 25 November 1997, the date he was assigned to the higher grade position.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was promoted to captain 1 April 1988 and his promotion eligibility date (PED) for major was 31 March 1995 based on the 7 years time in grade requirement.  He was on active duty on that date, therefore, his PED was adjusted to the day after his release from active duty, 2 April 1996.  The 1997 promotion board was the first board he was eligible for promotion consideration.  He was considered and recommended by the 1997 RCSB.  The President approved the board on 27 August 1997 and the results were released on 2 October 1997.  He was promoted by this office by memorandum dated 19 November 1997 with a date of rank of 25 November 1997, based on verification that he went into position on that date.  The applicant reported to Army Guard/Reserve (AGR) tour on 9 November 1997, and was required to complete Active Guard Reserve Entrance Training (AGRET) course and did not report to position until 25 November 1997.  

The opinion further showed that the applicant was a member of a troop program unit (TPU) in Europe on 1 August 1997 and the Office of Promotions does not promote officers assigned to units.  The case should be coordinated with the Commander, Headquarters, 7th Army Reserve Command (ARCOM) to determine whether they will issue a promotion letter, and returned to this office so 

the promotion memorandum can be revoked.  In view of the provisions of the Reserve Officer Personnel Management Act (ROPMA), dates of rank can not be established earlier than the date the President approved the board.

The opinion was forwarded to the applicant on 12 April 2000, with his attention invited to paragraph 3 of the opinion.  He was advised to contact appropriate officials at his local personnel service center to determine whether his command would issue a promotion letter and if his command declined to publish a promotion letter, to ask them to furnish a memorandum explaining their position.

In a memorandum dated 21 April 2000, the Headquarters, 7th ARCOM, Europe, expressed the opinion that after review of all promotion eligibility criteria for the applicant, it declines publishing a retroactive promotion memorandum with a date of rank earlier than 25 November 1997.  The applicant was boarded and assessed into the AGR program as a captain.  At the time of his acceptance into the AGR program, there was a freeze on accession of majors.  For this reason, he was given 2 options: (1) to be promoted to major effective 27 August 1997 (date of board approval) and remain a TPU member, or (2) be accessed in the AGR program as a captain, report to the AGRET course and be promoted to major upon reporting to the AGR duty position.  Since he elected to join the AGR program and did not report to his duty station until 25 November 1997, this command considers the AR-PERSCOM promotion memorandum with a date of rank of 25 November 1997 to be valid and correct.

The memorandum was forwarded to the applicant on 19 June 2000.  He did not respond.

ROPMA, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers.  The law became effective 1 October 1996.  Under ROPMA, an officer selected for the first time for promotion to the next higher grade, his/her date of rank will not be earlier that the date the President approves the board.

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(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank for major to 1 August 1997.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that the date 25 November 1997 for his date of rank conflicts with the 31 March 1995 date on his notification of promotion status.  However, the applicant was on active duty on that date and his PED was adjusted to the day after his release from active duty.  Based on his adjusted PED of 2 April 1996, the 1997 RSCB was the first eligible board for promotion consideration.

3.  The Board further notes, that the applicant was recommended by the 1997 RCSB and the board was approved by the President effective 27 August 1997; however, the applicant elected to be promoted to major upon reporting to a AGR duty position.  He elected not to remain a TPU member and be promoted to major with a date of rank of 27 August 1997.  The board was approved by the President on this date and the applicant’s date of rank could not be earlier than the date the President approved the board and not earlier than the date he entered his new position.

4.  It is also noted that based on the applicant’s PED for major for Reserve purposes he was properly considered for promotion by the appropriate selection board.  His date of rank for major was correctly established as 25 November 1997, the date he reported to a major position in the AGR program.

5.  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.

6.  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

__ew____  ___mt___  __kl____  DENY APPLICATION

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

INDEX

CASE ID	AR1999032056	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.