PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 June 2003                  
	DOCKET NUMBER:   AR2002081339

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. John T. Meixell		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 adjustment to his promotion effective date and date of rank for captain.

3.  The applicant states that his incorrect original date of rank for first lieutenant lead to his incorrect promotion date of rank for captain.

4.  The applicant’s military records show that he was appointed in the Reserve, Judge Advocate General Corps (JAGC) Branch, as a first lieutenant effective 7 February 1998 with 3 years constructive service credit (CSC).

5.  Based on the required 2 years time in grade his maximum time in grade (MTIG) date for promotion to captain was 6 February 2001.  Based on his award of 3 years CSC, he had a 1 years overage to be applied to his date of rank for captain; therefore, his MTIG date was 6 February 2000.

6.  He was erroneously not considered for promotion to captain by the 2000 Reserve Components Selection Board.

7.  Current promotion policy specifies that promotion reconsideration by a special selection board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.

8.  The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), expressed the opinion that the applicant was appointed as a first lieutenant, JAGC Branch, on 7 February 1998, with 3 years CSC.  Under the Reserve Officer Personnel Management Act, the applicant needed 2-years time in grade, leaving 1 year overage to be applied to his date of rank.  Based on the applicant’s request, it has been determined that he is eligible for consideration by a Promotion Advisory Board in accordance with Army Regulation 135-155, under 2000 criteria.  If the Promotion Advisory Board selects the applicant, the Personnel Actions & Service Directorate, Troop Program Unit Office, Military Personnel Actions Branch, Army Reserve Personnel Command will adjust the date of rank.  Consequently, the record will be forwarded to the next available SSB for consideration upon submission of the required military education (JAGC officer basic course) diploma or Department of the Army Form 1059.

9.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 25 February 2003.  He did not respond.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to captain by the 2000 promotion board and should now be submitted for appropriate SSB consideration for this purpose.
2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by submitting the records of the individual concerned to a duly constituted SSB as deemed appropriate for promotion consideration for captain under 2000 criteria.

2.  If the applicant is selected, his records should be further corrected by showing he was promoted to captain on his date of eligibility as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.   If the applicant is not selected, he should be so notified.

BOARD VOTE:  

_JTM___  _SLP____  __SAC__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__	Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002081339	
SUFFIX		
RECON		
DATE BOARDED	20030610	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.