MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 May 2003                 
	DOCKET NUMBER:   AR2002078806

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster 		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:  In effect, adjustment to her date of rank for captain from 13 October to 1 April 1998.

APPLICANT STATES:  That at the time of her discharge from active duty, she was selected for promotion to the rank of captain which would have occurred on 1 April 1998.  She entered the Reserve and was subsequently promoted to captain effective 13 October 1998, 6 months after her assigned promotion date.  In support of her application she submits copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), an Army Competitive Category First Lieutenants Recommended Promotion to the Grade of Captain List, her assignment orders and her letter to this Board dated 20 August 2002.

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

She was appointed in the Reserve as a second lieutenant effective 29 May 1993.

She entered on active duty effective 22 May 1994 and was promoted to first lieutenant effective 28 May 1996.

She was released from active duty effective 1 December 1997 and transferred to the USAR Control Group (Reinforcement).

An Army Competitive Category First Lieutenants Recommended Promotion to the Grade of Captain List submitted by the applicant shows she was recommended for promotion to captain with a date of rank of 1 April 1998.

She was reassigned to a troop program unit (TPU) effective 13 October 1998.

The Chief, Special Actions Branch, Office of Promotions, Total Army Personnel Command (PERSCOM), expressed the opinion that based on the fact the applicant was not assigned to a TPU upon her release from active duty she was not eligible for a date of rank of 1 April 1998.  The earliest date the applicant was eligible for was 13 October 1998, the date she was given by the Army Reserve Command upon her assignment to a TPU.  In view of these facts, it was recommended that the applicant’s request be disapproved.

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 19 November 2002.  She did not respond.

Title 10, United States Code, section 14317(c) specifies that an officer who is on the active-duty list (ADL) and is on a promotion list as a result of selection for promotion and who before being promoted is released from the ADL and placed on the Reserve active-status list (RASL) shall be placed on an appropriate promotion list and promoted in accordance with Army Regulations.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  Chapter 2-4 of this regulation specifies that an officer serving in the grade of first lieutenant on the ADL who has been selected for promotion to captain but who has not been promoted by the time the officer transfers to the RASL in the same competitive category, will be placed on an appropriate Reserve of the Army promotion list.  The effective date of promotion and date of rank will be the same as if the officer had been selected to the same grade by a promotion board for RASL officers.

The regulation also specifies that in order to be eligible for promotion to captain the maximum time in grade for a first lieutenant is 5 years and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completed the maximum service.  It further specifies that a TPU officer must be serving in a position requiring the higher grade.

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 the circumstances in this case, the applicant is not entitled to correction to her date of rank for captain.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  The Board notes her contention that her date of rank for captain should be 1 April 1998; however, she was recommended for promotion to captain, with a date of rank of 1 April 1998, while she was serving on active duty.  Prior to her being promoted she was separated from active duty effective 1 December 1997 and transferred to the USAR Control Group.  Based on her transfer to the Reserve she was only eligible for promotion to captain after serving 5 years time in grade (27 May 2001).  She was subsequently assigned to a TPU and promoted to captain effective on that date.  Therefore, her date of rank for captain of 13 October 1998, has been correctly established.

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 this 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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002078806	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.