2.  In effect, the applicant requests that his promotion to first lieutenant be effective on 22 June 1994.

3.  He states that he was not promoted on his eligibility date.  He had been told at the time that since he was a Guardsman, he could not be promoted until he had been on active duty for a year.  Upon investigation, he discovered that the information he had received was false and he had been eligible for promotion upon completion of 3 years of commissioned service.

4.  His military records show that he enlisted in the Regular Army on 1 November 1983 and was released from active duty on 30 October 1987.  He then served in an enlisted status in the Army National Guard (ARNG) and was commissioned as a second lieutenant, ARNG, on 23 June 1991.  He entered on active duty on 8 March 1994 for the purpose of completing the officer basic course for medical department officers.  Apparently, while still on active duty, orders were issued obligating the applicant to serve an additional 3 years of active duty.

5.  On 7 August 1995 orders were issued promoting the applicant to first lieutenant effective 4 August 1995.

6.  On 28 July 1995 a memorandum was sent from the Total Army Personnel Command (PERSCOM) to the applicant’s active Army command.  In that memorandum, the PERSCOM stated that the applicant attained promotion eligibility to first lieutenant on 22 June 1994, and that he should submit an application to the Board to correct his date of promotion.

7.  In the processing of this case, the staff of the Board contacted the applicant’s former state Adjutant General and determined that the applicant had obtained his commission through Officer Candidate School (OCS).

8.  Army Regulation 600-8-29, paragraph 2-1, states that second lieutenants who receive their commission due to their completion of OCS will be given an active duty date of rank as the date they accepted their initial appointment.  Table 3-2 of this regulation, step 9, states that a second lieutenant’s promotion eligibility date is 3 years from his or her date of commission, less 1 day.

9.  In the processing of this case an advisory opinion was obtained from the PERSCOM.  The PERSCOM confirmed that the applicant was eligible for promotion to first lieutenant on 22 June 1994 and, in effect, recommended that his application be approved.

CONCLUSIONS:

1.  The applicant was eligible for promotion to first lieutenant on 22 June 1994.

2.  His record does not contain any documentation which would indicate that his promotion was intentionally denied or delayed for cause.

3.  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 by showing that the individual concerned was promoted to first lieutenant effective 22 June 1994 with the same date of rank.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON