MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 April 2003
	DOCKET NUMBER:   AR2002078340

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Ronald J. Weaver		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 his records be corrected to reflect that he was appointed in the rank of captain (CPT).

APPLICANT STATES:  In effect, that he should have been appointed to the rank of CPT when he was appointed on 24 July 1998, instead of the rank of first lieutenant (1LT).  He goes on to state that the applicable regulation provides that a Judge Advocate General (JAG) officer should receive 3 years credit for law school plus a year for each year of prior active service, which in his case was four years in the Air Force.  He further states that he attended law school in the evenings, while on active duty as an Air Force officer and should receive the same credit as an officer who went to law school as a full-time student.  Accordingly, he should have been appointed as a CPT with a date of rank (DOR) of 24 July 1998 and subsequently promoted to the rank of major.

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

He was commissioned as a second lieutenant upon graduation from the Air Force Academy on 29 May 1985.  He served on active duty until he was honorably discharged in the rank of 1LT on 16 August 1989.

He entered law school on 18 September 1986 and graduated on 26 May 1990.

On 24 July 1998, he accepted a United States Army Reserve (USAR) commission as 1LT in the JAG Corps.  In his appointment letter he was informed that he must complete the JAG Officer Advance Course within 24 months and that he was awarded 3 years, 2 months and 17 days of constructive service for DOR purposes in the rank of 1LT.  He is currently serving in the rank of CPT.

Army Regulation 135-100, paragraph 3-12a (1), provides the criteria for awarding the grade and DOR of officers appointed as JAG officers of the USAR.  It provides, in pertinent part, that officers who have served 3 or more years of commissioned service, but less than 7 years, will be appointed as a 1LT.  A period of time will be counted only once when computing credit and qualifying periods of less than one year will be proportionately credited. 

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 this requirement.

2.  Inasmuch as the applicant attended most of his law school while serving on active duty with the Air Force, he cannot receive constructive service credit for both his years of active service and all of his law school.  The applicable regulation specifically states that service will be counted only once.

3.  Accordingly, the applicant has failed to show through the evidence submitted with his application and the evidence of record that the constructive credit he was awarded at the time he accepted his appointment is in error.

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

__hbo___  __rjw ___  __wtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002078340	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700/DOR	
2.  22	102.0800/CON SVC	
3.		
4.		
5.		
6.