PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            13 May 2003
	DOCKET NUMBER:   AR2002079611

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Lawrence Foster		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 date of rank (DOR) for promotion to the rank of first lieutenant (1LT) be adjusted. 

3.  The applicant states, in effect, that he branch transferred from Infantry to Medical Service Corps (MSC) and his DOR was not properly computed. 

4.  The applicant’s military records show that he was commissioned as a United States Army Reserve (USAR) second lieutenant (2LT) on 8 May 1999 and entered active duty on 14 May 1999.  He was detailed as an Infantry Branch officer.  He was promoted to the rank of 1LT on 29 November 2000.

5.  On 22 February 2002, he branch transferred to the MSC Branch and was    re-appointed as a 2LT with 1 year, 2 months and 17 days of constructive service as an infantry officer.  It appears that constructive credit was granted from the day before he attended the Infantry Officer Basic Course (OBC) until he branch transferred.  He was again promoted to the rank of 1LT on 26 May 2002.

6.  In the processing of this case a staff advisory opinion was provided by the Total Army Personnel Command (PERSCOM) Promotions Branch which opined that the applicant's constructive credit had been improperly calculated and that he should have received 1 year, 5 months and 8 days of constructive credit and that his DOR for promotion should be 18 March 2002.  The opinion was provided to the applicant who concurred with the opinion on 19 March 2003.

CONCLUSIONS:

1.  It appears that the dates used to originally compute the applicant's constructive credit were incorrect.  The applicant entered active duty in May 1999 and did not attend OBC until September; therefore, he did not receive the proper amount of constructive credit at the time of his branch transfer.

2.  Accordingly, based on the calculations provided by the PERSCOM, Promotions Branch, the applicant's DOR for promotion to 1LT, MSC, should be 18 March 2002. 

3.  Therefore, the Board directs that his DOR be adjusted to 18 March 2002 with entitlement to all back pay and allowances, which result from this correction.

4.  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 the rank of 1LT, MSC with an effective date and DOR of 18 March 2002, with entitlement to all back pay and allowances. 

BOARD VOTE:  

___lf  ___  __tk ____  __mkp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2002079611	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.