MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 June 2003                  
	DOCKET NUMBER:   AR2002080762

	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. Walter T. Morrison | | Chairperson
| Mr. Lester Echols | | 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 her date of rank for major to 
25 October 1997.

APPLICANT STATES:  That she was denied correction to her date of rank by the unit in which she was assigned.  They neglected to transfer her to a major’s position in the unit in which she was drilling.  Rather than transfer her, she was involuntarily transferred to the Individual Ready Reserve (IRR).  She should not have been transferred to the IRR, but transferred to a major’s position and given a date of rank concurrent with the transfer date.  In support of her request she submits a memorandum of support, dated 21 October 2002, from her command, copies of her officer evaluation report (OER) for the period ending 19 February 1999, her reassignment orders dated 28 January 1998, and a request for reassignment (DA Form 4651-R) dated 21 October 1997.

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

She was appointed in the Reserve, Medical Services Corps, as a second lieutenant effective 9 June 1985.

She was appointed in the Nebraska Army National Guard (ARNG) effective 10 June 1987 and promoted to first lieutenant effective 8 June 1988.

She was appointed in the Kansas ARNG effective 7 January 1990 and promoted to captain effective 22 January 1991.

Effective 1 December 1992, she was transferred to the USAR Control Group (Reinforcement).

Based on the required 7 years time in grade, her maximum time in grade (MTIG) date for promotion to major was 21 January 1998.

She was considered and selected for promotion to major by the 1997 Reserve Components Selection Board, which recessed on 31 January 1997.  The President approved the results of the board on 22 July 1997. 

The applicant submitted a copy of a request for orders dated 21 October 1997, which shows that she was being assigned to a major’s position effective 1 November 1997.  This request was filed in her official military personnel file.

Orders dated 28 January 1998, show she was transferred to the IRR to accept promotion to major effective 28 January 1998.

Orders dated 10 March 1998, shows she was reassigned from the USAR to the 455^th Field Hospital with an effective date of 20 February 1998.
The OER for the period 20 February 1998 to 19 February 1999, shows she was serving in the rank of major with the principal duty title of Health Services Materiel Officer with the 455^th Field Hospital.

The memorandum from her commander states that the DA Form 4651-R shows that the applicant had an approved request to transfer to a major’s position in the 455^th Field Hospital.  Her OER for the period 20 February 1998 through 19 February 1999, shows the applicant was working in and evaluated as being assigned to a major’s position in the 455^th Field Hospital.  Those documents show that the applicant was working in and should have been assigned to a major’s position.  Her date of rank should be effective the date she began to serve in that position.

The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve component officers.  The law was implemented on 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the MTIG for a major is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum service.  ROPMA further specifies that the troop program unit officers must be serving in the active Reserve by the board convening date and serving in a position requiring the higher grade.  Promotion cannot be effective prior to approval of respective boards by the President.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that time in grade for a commissioned officer is 7 years in the grade of captain for promotion to major.  Promotion of officers previously non-selected but subsequently selected by a mandatory promotion board will be no earlier than the date the President approved the board results.  The regulation also specifies that AGR officers will be promoted provided they are assigned to a position in the higher grade, and the date of rank will be the date the officer attained the MTIG or the date on which assigned to a position in the higher grade, and upon approval by the President and released.

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 applicant is not entitled to adjustment of her date of rank for major to 25 October 1997.  She has not shown error or injustice for the relief she is requesting.

2.  The Board notes her contentions that her unit neglected to transfer her to a major’s position and she voluntarily transferred to the IRR for her promotion.  Documentation submitted by the applicant shows that her unit requested orders for her to be assigned to a major’s position effective 1 November 1997 but orders were never issued.  

3.  The Board also noted that the applicant was promoted on 28 January 1998, the earliest date she could be promoted, based on her transfer to the IRR.  Available orders also clearly show that she was assigned back to her unit effective 20 February 1998.

4.  Applicable regulations clearly show that officers may be promoted if occupying a higher graded position or upon transfer to the IRR.

5.  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.

6.  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

_LF_____  _WTM___  __LE____  DENY APPLICATION

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

INDEX

CASE ID | AR2002080762
SUFFIX |
RECON |
DATE BOARDED | 20030626
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. |