PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            7 March 2002                  
	DOCKET NUMBER:   AR2001063694

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Regan K. Smith		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, promotion to captain.

3.  The applicant states that she was selected for promotion to captain prior to her discharge.  She also states her separation document, Certificate of Release or Discharge from Active Duty (DD Form 214), item 4a (Grade, Rate, or Rank) and 12h (Effective Date of Pay Grade), shows her rank at the time of discharge as first lieutenant, which is incorrect.  She submits copies of her Regular Army Promotion/Appointment Certificate, promotion orders for captain and DD Form 214 in support of her request.

4.  The applicant’s military records show that she was commissioned in the Regular Army, Army Nurse Corps, as a second lieutenant effective 10 May 1996. 

5.  She was promoted to first lieutenant effective 31 May 1998.

6.  On 16 December 1999 she submitted a request for unqualified resignation to be effective 16 June 2000.  The appropriate authority approved her request on 10 January 2000.

7.  She was considered and selected for promotion to captain by the 2000 Regular Army promotion board, and she was promoted to captain on 1 June 2000.  There is no record of declination of the promotion.

8.  Her promotion was not recorded on her records and she was honorably discharged in the rank of first lieutenant effective 16 June 2000.

9.  Army Regulation 600-8-29 prescribes the policies and procedures for promotion of Regular Army officers.  This regulation specifies that unless an officer declines a promotion in writing, that officer is considered to have accepted the promotion on the effective date announced in the promotion order.  It also specifies that there is no minimum period required that an officer accepting a promotion to captain must serve satisfactorily in the new grade to be eligible to retire or separate in that grade.

CONCLUSIONS:

1.  The applicant is entitled to correction of her records to show she was promoted to captain effective 1 June 2000, while serving on active duty, with entitlement to all back pay and allowances.

2.  The Board notes that the applicant, while serving in the Regular Army, was considered and selected for promotion to captain prior to her discharge.  The promotion was erroneously not recorded on her record prior to her discharge.  The applicant was not required to serve a minimum period in the higher grade to be eligible for separation in that grade. 
3.  It is also noted that the applicant’s separation document should be corrected to show she was discharged from active duty in the rank and pay grade of captain and the effective date of pay grade shown as 1 June 2000.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by showing the individual concerned was promoted to captain effective 1 June 2000, with entitlement to all back pay and allowances; and

	b.  by showing on her DD Form 214 the rank and pay grade of captain with an effective date of pay grade of 1 June 2000.

BOARD VOTE:  

_rks____  __rvo__  _jpi____         GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063694	
SUFFIX		
RECON		
DATE BOARDED	20020307	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.