MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 December 1999                   
	DOCKET NUMBER:   AR1999033666

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Elzey J. Arledge, Jr.		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:  That he be promoted to lieutenant colonel (LTC).  

APPLICANT STATES:  That when he transferred from the Army Medical Corps (MC)  to the Air Force Medical Corps through an Air Force medical personnel recruiter, he was told he would keep the same rank as he held in the Army.  He checked several times prior to his transfer on 1 July 1999 to get the results of the LTC (MC) promotion list but was told that the results had not been released by Congress.  On 27 September 1999, he learned he had been selected for promotion to LTC by the Army Board with an expected promotion date of             1 October 1999.  If the results of the board had been released in a timely manner, the promotion would have occurred prior to his transfer to the Air Force. He provides as supporting evidence his DD Form 214, Officer Record Brief (ORB), an abstract from the promotion list and his Air Force extended active duty orders.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from the provided ORB and alternate sources.

After apparently having had prior service as a Field Artillery Branch officer, the applicant attended medical school and returned to active duty on 16 June 1991 in the Medical Corps as a 61F, Internist.  He was promoted to major on 1 October 1993.

In December 1998, the U. S. Total Army Personnel Command announced the zones of consideration for promotion to LTC, MC.

On 12 February 1999, the applicant applied for appointment in the Air Force Reserves.

The LTC, MC promotion selection board convened 23 March 1999 and recessed 5 April 1999.

On 30 June 1999, the applicant was released from active duty and transferred to the U. S. Army Reserve.

On 2 July 1999, the applicant was appointed a major in the Air Force Reserve.

On 23 July 1999, the LTC, MC promotion list was published and forwarded to the major commands as close hold.  On 24 August 1999, the promotion list was released.  The applicant had been recommended for promotion with an anticipated promotion date of 1 October 1999.

Title 10, U. S. Code, section 14317(c), provides that an officer who is on the active-duty list and is on a promotion list and who, before being promoted is removed from the active-duty list and placed on the reserve active-status list of the same armed force and in the same competitive category, shall be placed on an appropriate promotion list.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

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 the aforementioned requirement.

2.  The applicant applied for appointment in the Air Force Reserve after he should have known he would be considered by the LTC, MC promotion selection board.  The promotion list was released within a normal time frame after the board had recessed.  The applicant could have requested retention on active duty in the Army until after the list was released and he was promoted.   

3.  The applicant appears to be still, and erroneously, assigned to the U. S. Army Reserve Control Group (Reinforcement).  He should have been discharged upon his transfer to the Air Force Reserve.

4.  Title 10, U. S. Code, section 14317(c), provides that an active-duty officer on a promotion list shall be placed on an appropriate promotion list when he enters a reserve active-status prior to being promoted provided he remains in the same armed force.  The Board concludes it is not appropriate to promote the applicant to LTC with a date of rank prior to his release from active duty in the Army (which would also be prior to the release date of the promotion list) nor with a later date of rank, which would be a date after he transferred to another armed force.  

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.

NOTE: The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by showing he was discharged him from the U. S. Army Reserve effective 1 July 1999. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP___  __AAO___  __EJA___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999033666	
SUFFIX		
RECON		
DATE BOARDED	19991201	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.01	
2.		
3.		
4.		
5.		
6.