MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           25 February 2003                  
	DOCKET NUMBER:   AR2002076998

	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. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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:  Correction to his date of rank for captain from 16 February 2000 to April 1996.

APPLICANT STATES:  That upon his reassignment on 11 March 2002, he found out that he was not promoted in 1996.  His unit failed to transfer him to the USAR Control Group because his orders contained the incorrect social security number. His old unit kept him on their records and during that time it appeared as if he was absent from drills, contained no current height, weight and Army Physical Fitness Test (APFT) information.  He also states that he was finally assigned to the USAR Control Group on 16 February 2001 and, had he gotten released on 26 December 1995, he would have been promoted in 1996.  He also states that this correction to his date of rank for captain will make him eligible for the major's board in January-March 2003.  He submits copies of his orders dated 26 December 1995, 16 February 2000 and 11 March 2002 and a memorandum dated 24 September 1998 from the Army Reserve Personnel Command (AR-PERSCOM), Military Personnel Action Branch in support of his request.

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

He was appointed in the Reserve, Army Nurse Corps, as a second lieutenant effective 2 June 1990.

He entered on active duty effective 1 September 1991 and was promoted to first lieutenant effective 7 April 1993.

His records show transition orders dated 25 August 1994, which corrected his assignment to read a Reserve unit and not the USAR Control Group (Reinforcement).  The transition orders indicate correction to orders dated 4 August 1994.

In an officer evaluation report (OER) for the period ending 10 September 1994, his senior rater indicated that the applicant was ending his military service and had not given an indication of resuming a military career in the future or entering the Reserve.

He was separated from active duty effective 10 September 1994 and transferred to a Reserve unit.

His records also show orders dated 20 February 1995 that indicate he was reassigned to a different Reserve unit effective 1 March 1995.

Another order dated 26 December 1995 indicates a voluntary transfer from his unit to the USAR Control Group (Reinforcement) with an effective date of 31 December 1995.

He was considered and not selected for promotion to captain by the 1996 Reserve Components Selection Board (RCSB).

He was considered and selected for promotion to captain by the 1997 RCSB.

On 24 September 1998, he was advised by AR-PERSCOM that his promotion to captain was being placed in an automatic involuntary delay because he did not possess a current date for meeting the maximum allowable weight for height and weight standards, that he failed the APFT most recently administered and that he did not meet the educational requirements for promotion.  He was also advised that the automatic delay must be resolved no later than 24 March 1999.  If this delay was not resolved within the 6-month suspense, his name would be removed from the selection list.  He was further advised that officers removed from the list would be considered to have received a second non-selection.

Orders dated 16 February 2000, indicate he was reassigned again from his unit to the USAR Control Group effective the same day.  He was promoted to captain effective 16 February 2000.

Orders dated 11 March 2002, indicate he was released from the Control Group and reassigned to the same unit.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and ARNG officers.  This regulation provides that to be eligible for promotion to the next higher grade, an USAR officer must be in an active status and meet the promotion and military education requirements.

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.  In view of the circumstances in this case, the applicant is not entitled to correction to his date of rank for captain to April 1996.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that because he was not properly transferred to the USAR Control Group in 1995 he was passed over for promotion to captain in 1996.  However, he was properly considered in 1996 in accordance with pertinent regulations and not selected.  His non-selection was neither the result of his assignment in a unit nor not being transferred to the Control Group in 1995.  It is also noted that the applicant’s last OER prior to his release from active duty shows that he had not indicated that he would be resuming his military career or entering the Reserve.  His records indicate he was reassigned from a unit to the Control Group in March 1995 and orders 

submitted by the applicant indicate a reassignment in December 1995.  The applicant, as a member of the active Reserve, was appropriately considered; however, he was not selected for promotion to captain by the 1996 RCSB and does not have a basis for adjustment to his date of rank to April 1996.

3.  The Board also notes that the applicant was considered and selected for promotion to captain in 1997.  He was identified as not being eligible for that promotion because of the lack of current data for meeting the height and weight standards, failure of the APFT and for not meeting the education requirements.  He was placed in an automatic involuntary promotion delay status and granted 6-months to meet the promotion requirements.  He was later reassigned to the Control Group and promoted to captain effective 16 February 2000.  The applicant, as a Reserve officer, must meet all the promotion and military education requirements to be promoted to the next higher grade.  The applicant became eligible for promotion to captain on 16 February 2000, after meeting all the requirements for promotion; therefore, his date of rank for captain has been correctly established.

4.  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.

5.  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

_JNS___  _REB____  _LF____    DENY APPLICATION

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

INDEX

CASE ID	AR2002076998	
SUFFIX		
RECON		
DATE BOARDED	20030225-	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.