MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           1 May 2003                  
	DOCKET NUMBER:   AR2002081351

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Thomas B. Redfern		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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, that the effective date of his promotion to first lieutenant (1LT) and his 1LT date of rank (DOR) be corrected to read 16 May 1999.  

APPLICANT STATES:  In effect, that his promotion to 1LT and his pay for that promotion was delinquent because he was eligible for promotion on 16 May 1999, but he was not promoted until 14 October 1999.  He claims that his chain of command has been non-responsive in responding to his requests to correct this error.  

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

As of the date of his application to this Board, the applicant was serving in an active status in the United States Army Reserve (USAR).  

On 16 May 1997, the applicant was appointed a second lieutenant (2LT) in the USAR.  He was considered for promotion to 1LT by the 1998 Administrative Board, but was not selected.  

On 14 October 1999, the applicant completed the Officer Basic Course (OBC), and on 30 November 2001, a promotion memorandum was issued that authorized his promotion to 1LT with a DOR of 14 October 1999.  

In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components (RC), U.S. Total Army Personnel Command (PERSCOM), 
St. Louis, Missouri.  This promotion official stated that based on his appointment date, the applicant’s promotion eligibility date to 1LT was 15 May 1999.  However, he was considered for promotion by the 1998 Administrative Board, but not selected because he had not completed the military education requirement of completing the Officer Basic Course (OBC).  On 14 October 1999, he completed OBC and his promotion to 1LT was authorized for that date.  He was then deleted from consideration by the 2002 Captain, RC, Promotion Selection Board due to his not being in the zone of consideration, which was established as 1LTs with a DOR of 30 June 1999 or earlier.  This RC promotion official states that the applicant will be considered for promotion to captain by the 2003 RC Promotion Selection Board, but he is not eligible for an earlier 1LT DOR at this time.   

On 18 March 2003, the applicant was provided a copy of the PERSCOM, 
St. Louis, advisory opinion in order to have the opportunity to respond.  To date he has failed to reply.  

Army Regulation 135-155 prescribes the policy and procedures used for selecting and promoting commissioned officers of the USAR.  Paragraph 2-1 states, in pertinent part, that a USAR officer in the grade of 2LT will be considered for promotion without review by a selection board.  It further indicates that records of USAR unit officers will be screened by the Office of RC Promotions, PERSCOM, St. Louis, to determine their eligibility for promotion. 
Paragraph 2-8 of the USAR promotion regulation provides the military education requirements necessary for promotion, and Table 2-2 stipulates that in order to be eligible for promotion to 1LT, an officer must have completed the resident OBC. 

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.  The Board notes the applicant’s contention that he should have been promoted to 1LT on 15 May 1999.  However, it finds insufficient evidence to support this claim.  

2.  By regulation, a unit USAR officer must complete the resident OBC in order to be promoted to 1LT.  The evidence of record confirms that the applicant’s promotion eligibility date to 1LT was 15 May 1999; however, he was not promoted on that date because he had not yet completed the military education requirement for promotion.  On 14 October 1999, he did complete OBC, the military education requirement for promotion.  As a result, he was promoted to 1LT on that date. 

3.  In view of the facts of this case, the Board concurs with the position taken by RC promotion officials in the PERSCOM, St. Louis, advisory opinion that the applicant is not eligible for an earlier 1LT promotion date.  Thus, the Board finds the requested relief is not warranted in this case. 

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

___jm___  ___lds___  ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081351	
SUFFIX		
RECON		
DATE BOARDED	2003/05/01	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.		
3.		
4.		
5.		
6.