PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 July 2003       
	DOCKET NUMBER:   AR2002080450

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann		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 that his effective date of his promotion to Major be corrected with subsequent correction to his date of rank to Lieutenant Colonel and that he be paid all due back pay and allowances.

3.  The applicant states, in effect, that he was promoted to Major as a result of Board action with a date of rank of 10 August 1991 but an effective date of         10 August 1992.  This correction would require that his date of promotion to Lieutenant Colonel be adjusted.

4.  The applicant's military records show that he was commissioned in the U. S. Army Reserve on 13 August 1977.  He was promoted to First Lieutenant effective 12 August 1980.   He was ordered to active duty in an Active Guard/Reserve (AGR) status in January 1984.  In August 1985, he was assigned to the U. S. Army Recruiting Command in an AGR status.  

5.  The applicant was not selected for promotion to Captain by the 1984 Army Promotion List (APL) Reserve Components Selection Board (RCSB).  He was selected for promotion to Captain by the 1985 RCSB and promoted to Captain with a date of rank of 11 August 1985.  He was promoted to Major effective       10 August 1992.  (He would have been eligible for promotion to Major effective 10 August 1991 but for his first nonselection to Captain.)  He was promoted to Lieutenant Colonel by the 1998 Selection Board.

6.  The applicant applied to the Board requesting promotion reconsideration to Captain under 1984 criteria.  On 25 October 2001, the Board granted his request. He was subsequently selected for promotion to Captain and promoted to Captain with an effective date of 11 August 1984.

7.  The applicant's promotion memorandum to Major was thereupon corrected to show he was promoted to Major effective 10 August 1992 with a date of rank of  10 August 1991.

8.  In the processing of this case, an advisory opinion was obtained from the     U. S. Army Reserve Personnel Command, Director, Full Time Support Management Directorate.  That office noted that the applicant met the time in grade, commissioned service, active status, and educational requirements for promotion to Major with an effective date of rank of 10 August 1991 provided he was serving in a Major's position on 10 August 1991.  That office recommended the U. S. Army Recruiting Command be contacted to verify the applicant's position information as of 10 August 1991.

9.  The U. S. Army Recruiting Command verified that the applicant was assigned to an authorized Major's position while with their command.

10.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He concurred with the advisory opinion.

11.  An email from the U. S. Army Personnel Command, Office of Promotions, Reserve Components, dated 20 August 2002 indicates that the applicant can request consideration by the 1997 Lieutenant Colonel Selection Board as an omit from the 1997 board without going through this Board for approval.  If selected for promotion to Lieutenant Colonel under 1997 criteria, the earliest date of rank would be the approval date of the board or the date he was assigned to a Lieutenant Colonel position.

12.  Title 10, U. S. Code, section 14502(e)(2) states that an officer who is promoted to the next higher grade as the result of the recommendation of a special selection board shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board which should have considered, or which did consider, the officer.

13.  Army Regulation 15-185, the regulation under which the Board operates, provides that the Board will not consider any application until the applicant has first exhausted all other administrative remedies available.  

CONCLUSIONS:

1.  In accordance with Title 10, U. S. Code section 14502(e)(2), the applicant is entitled to have the effective date of his promotion to Major adjusted to 10 August 1991 with all due back pay and allowances.

2.  In accordance with information provided by the U. S. Army Reserve Personnel Command, the applicant can request consideration by the 1997 Lieutenant Colonel Selection Board as an omit from the 1997 board without going through this Board for approval.  He is required to request this administrative remedy before the Board can consider this portion of his request.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was promoted to Major as a Reserve commissioned officer of the Army in an Active Guard/Reserve status effective     10 August 1991 with a date of rank of 10 August 1991.

2.  That the applicant be paid all due back pay and allowances as a result of the above correction.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002080450	
SUFFIX		
RECON		
DATE BOARDED	20030703	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	131.04	
2.		
3.		
4.		
5.		
6.