MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 17 June 1999 DOCKET NUMBER: AR1999015638 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 Analyst The following members, a quorum, were present: Chairperson Member 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 date of rank (DOR) for first lieutenant (1LT). APPLICANT STATES: His DOR for 1LT should read 10 May 1988 and his DOR for captain should read 9 May 1992. He further states that without the error, he would be eligible for the upcoming major selection board. In support of his application he submits a copy of his appointment letter, promotion memorandum for 1LT and captain and his retirement points statement. EVIDENCE OF RECORD: The applicant's military records show: He was appointed in the Reserve from ROTC as a second lieutenant effective 11 May 1985. His DOR was 22 May 1985, the same day as the United States Military Academy graduates in 1985. He was promoted to 1LT effective 21 May 1988 and captain effective 20 May 1992. Based on the 7 years time in grade requirement for promotion to major, his promotion eligibility date is 19 May 1999. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that a qualified 2LT will be promoted on the date of completion of 3 years of promotion service, except ROTC graduates who accept promotion in May or June of any year, in which case their promotion service will be computed from the date of graduation of cadets of the United States Military Academy (USMA) in that year. The Chief, Promotion and Notification Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion (COPY ATTACHED) that the applicant was commissioned in the USAR on11 May 1985 upon completion of ROTC training. Officers commissioned in May or June of any year upon completion of ROTC training will have their date of promotion computed from the date the USMA graduated. The Academy graduated on 22 May 1985. Therefore, his 1LT DOR is correct as 21 May 1988 and his CPT DOR is correct as 20 May 1992. Therefore, he has no basis for consideration by a special selection board. Based on the facts presented, it was recommended that his request be denied. The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 11 May 1999. He did not respond. 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 all of the circumstances in this case, the applicant is not entitled to a change in his DOR for 1LT and captain. 2. His contentions have been noted by the Board; however, the applicant’s DOR for 2LT was 22 May 1985, the same date as the graduates of the USMA in 1985. The Board further notes that based on the 3 years time in grade his DOR for 1LT is correct as 21 May 1988 and based on the 4 years time in grade as a 1LT his DOR for captain is correct as 20 May 1994. His PED for major is 19 May 1999 and he will be considered by the first board is his eligible for. 3. 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. 4. 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 xxxxx______ xxxxx_____ xxxxxx________ DENY APPLICATION Loren G. Harrell Director INDEX CASE ID A1999015638 SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD 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. ABCMR Memorandum of AR1999015638 Consideration (cont) 2