APPLICANT REQUESTS:  Promotion to the rank of major in the USAR.

APPLICANT STATES:  That he had 12 years of service completed on 16 May 1993 and 7 years time in grade in the rank of captain as of 1 November 1993.  Therefore, he believes he should have been promoted to the rank of Major on 1 November 1993.

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

The applicant was commissioned as a USAR second lieutenant on 16 May 1981.  He entered active duty on 14 August 1983 and was promoted to the rank of captain on 1 November 1986.  He continued to served until he was released from active duty on 24 May 1993 and transferred to the USAR.

In the processing of this case an advisory opinion was obtained (COPY ATTACHED) from the Army Reserve Personnel Center (ARPERCEN).  It opined that the applicant was eligible for promotion to major on 31 October 1993.  However, at the time the 1993 USAR components selection board convened, the applicant was on active duty and therefore could not be considered for a USAR promotion.  He was selected by the 1994 selection board and subsequently promoted to the rank of major by the U.S. Army Reserve Command.  The ARPERCEN recommended that his request be disapproved.

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 order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was considered by the first USAR promotion selection board for which he was eligible as a USAR officer (not on active duty) and was subsequently promoted as a result of his selection by that board.   

3.  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




		Karl F. Schneider
		Acting Director