MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 August 1999                  
	DOCKET NUMBER:   AR1999015444

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		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:  Correction to his effective date of promotion to lieutenant colonel to 2 October 1996.

APPLICANT STATES:  He is requesting correction to his effective date of promotion in order to collect drill pay from October 1996 through June 1997.  He submits his promotion letter dated 16 April 1998 and assignment orders dated 28 August 1996 in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Reserve, Quartermaster Corps from ROTC as a second lieutenant effective 21 May 1975.  He entered on active duty the same day.  He was promoted to first lieutenant on 7 June 1980 and captain on 1 December 1981 and he was released from active duty on 20 May 1982.

He was promoted to major effective 3 October 1989.  Based on the required 7 years time in grade his promotion eligibility date was 2 October 1996. 

He was considered and nonselected from promotion to lieutenant colonel by the 1995 and 1996 Reserve Components Selection Boards (RCSB’s).  When his records were reviewed by the 1995 RCSB they contained material error. 

Effective 30 September 1996 he was transferred between troop program units (TPU’s).  His orders were dated 28 August 1996 and show he was assigned to position 9992 (Incoming Personnel).

On 12 June 1997, the Army Board for Correction of Military Records requested that the applicant’s records be reviewed by a special selection board (SSB) under 1995 criteria.  

On 14 June 1997, he was transferred from a TPU unit to the IRR for unsatisfactory participation.

On 12 August 1997, the applicant was recommended by a SSB for promotion to lieutenant colonel under 1995 criteria.

A promotion letter was issued dated 16 April 1998, showing the applicant’s effective date of promotion as 14 June 1997 and his date of rank for lieutenant colonel as 2 October 1996, his promotion eligibility date. 

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that officers selected by a special selection board are eligible for the same date of rank that they would have received by the original board in which the error occurred.  

The regulation further provides that the effective date for officers who transfer from a troop program unit after their promotion eligibility date are promoted effective on the day after transfer to a non-unit status and the promotion eligibility date becomes the officers’ date of rank.

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 view of the circumstances in this case, the applicant is not entitled to a correction to his effective date for promotion to lieutenant colonel to 2 October 1996.  He has not shown error, injustice or inequity for the relief he now requests.

2.  His contention that in order to collect drill pay, his effective date should be 2 October 1996 has been noted by the Board; however, it is not supported by his records, his application, or the evidence of record.  The applicant was selected for promotion to lieutenant colonel by a SSB with an effective date of 14 June 1997, the earliest date he could be promoted, based on his transfer to the IRR.

3.  The applicant is also not entitled to drill pay as a lieutenant colonel from October 1996 through June 1997, as he was not serving in the higher graded position during this time period.  The applicant has not submitted evidence that he was in the higher graded position on his date of rank.

4.  Applicable regulations clearly show that officers may be promoted if occupying a higher graded position or upon transfer to the Control Group.

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 the aforementioned 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

slp______  sc______  bje______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015444	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 26	
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         1.131.00		
2.		
3.		
4.		
5.		
6.