MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2001065184

         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Raymond J. Wagner		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)

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APPLICANT REQUESTS: That his date of rank (DOR) for major (MAJ) be adjusted from 4 March 1999 to 29 June 1998.

APPLICANT STATES: In effect, that misplaced documents and communication delays beyond his control resulted in his DOR being changed from 29 June 1998 to 4 March 1999. He was transferred from the Nurse Corps to the Medical Corps on 12 November 1991, was granted constructive service credit, appointed as a captain (CPT), and his promotion eligibility date (PED) was determined to be 29 June 1998. He received a letter of eligibility for promotion on 11 December 1997, and had already forwarded his promotion packet in the fall of 1997, while assigned to the 452^nd Combat Support Hospital (CSH). He completed his annual training in February 1998, and was reassigned to the 909^th Medical Team Field Surgical (MD TM FS, also termed FST – Field Surgical Team); however, he did not receive confirmation of the transfer until August 1998. While waiting for orders and contact from the 909^th FST, he continued to drill with the 452^nd CSH. He submits DA Form 705 (APFT Scorecard), with an entry dated 6 June 1998, which shows that he passed the APFT on that date. He also submits a copy of a DA Form 5500-R (Body Fat Content Worksheet), dated 6 June 1998, which shows his weight as 212 pounds and percent body fat as 22.48 percent with an allowable body fat limit of 26 percent.

He goes on to state that due to his change in unit assignment and delay in documents routed through the chain of command, his promotion results were not revealed until December 1998. He received a letter in writing, subject: Notice of Automatic Involuntary Delay, which informed him that his promotion would not be "official" until he passed a new APFT. He was not asked if he had taken an updated APFT in 1998 and no one mentioned that it was a deficiency. He also did not understand why his last APFT could not be accounted for and that no one informed him that his DOR would be changed. He understood that officials at the Army Reserve Personnel Command (AR-PERSCOM) insisted that he be administered another APFT and upon completion of his APFT that his promotion would be "official." He was immediately administered an APFT and met the body fat standards on 1 January 1999. These documents were forwarded and his promotion was now official with a change in his DOR. He inquired as to why there was a change in his DOR and was informed that AR-PERSCOM was unable to locate an APFT for 1998. He informed AR-PERSCOM that he had completed an APFT in June 1998 and had a copy to prove it, but was informed that it was too late and that there was nothing that could be done.

The applicant states that he was transferred to the National AMEDD (Army Medical Department) Augmentation Detachment (NAAD) and the 909^th FST no longer maintained his records. His new DOR effectively delays his next possible promotion by a year and would not have changed if his APFT documents were not misplaced. He also stated that had he been informed he would have provided the documents at the time and was unaware that they were missing or of its potential impact.
In support of his application, he submits copies of: an 11 December 1997 letter informing him of his eligibility for promotion consideration by the upcoming AMEDD Promotion Board; reassignment orders; letters from AR-PERSCOM with six endorsements; two DA Forms 705 dated 6 June 1998 and 2 January 1999 respectively; two DA Forms 5500-R dated 6 June 1998 and 1 January 1999 respectively, and a Form 56-R (Promotion Qualification Statement), dated 5 January 1999, unsigned by his commander and without unit (909^th FST) duty position information.

EVIDENCE OF RECORD: The applicant's military records show that he was initially appointed as a Reserve commissioned officer in the rank of first lieutenant on 13 November 1987, in the Army Nurse Corps. He was promoted to CPT, pay grade 0-3, on 12 November 1989.

On 14 November 1992, he was issued a new appointment as a Reserve commissioned officer in the rank of CPT in the Medical Corps as a medical doctor anesthesiologist, specialty skill identifier (SSI) 60N. Based on 4 years,
4 months, and 14 days constructive service credit for his medical education, his DOR for CPT under this new appointment was established as 30 June 1991. His maximum time in grade or PED for promotion to MAJ was 7 years so that on
29 June 1998, he would be eligible for promotion.

On 11 December 1997, a letter was forwarded to the applicant informing him that the upcoming AMEDD Promotion Board identified him as being eligible for promotion consideration. The letter also informed the applicant of the most important documents in his Official Military Personnel File (OMPF) and that incomplete information on these documents could cause him to not be recommended for promotion.

The applicant provided a copy of Headquarters, 330th Medical Brigade,
orders 182-1, dated 1 July 1998, which showed that on 16 March 1998, he was released from the 452^nd CSH and reassigned to the 909^th MD TM FS in a
66F duty position. A 66F duty position is authorized for an Army Nurse Corps officer anesthesiologist, not a Medical Corps officer anesthesiologist. The
MD TM FS only has Medical Corp doctor positions for surgeons.

He was considered and selected for promotion to MAJ by the 1998 Reserve Component Selection Board (RCSB). On 25 June 1998, the applicant was informed that he had been selected for promotion and was informed that he must remain in an active status, be medically qualified for retention, meet the standards of the Army Body Fat Composition Program in Army Regulation 600-9, and otherwise meet the promotion eligibility criteria set forth in Army Regulation 135-155.


On 30 June 1998, the applicant was notified by letter from AR-PERSCOM that his promotion was automatically involuntarily delayed. A review of his records indicated that he did not meet the APFT standards required by Army Regulation 350-15 and the weight standards required by Army Regulation 600-9. It also stated that if these deficiencies were not resolved by 30 January 1999, he would be removed from the selection list. It further stated that a USARC Form 56-R and copies of all substantiating documents must accompany his reply.

The applicant submitted the USARC Form 56-R, dated 5 January 1999, which showed that he met the educational requirements for promotion, passed his APFT, and met the height and weight requirements of Army Regulation
600-9. He provided copies of his DA Form 705, dated 2 January 1999, which showed that he passed the APFT, and his DA Form 5500-R, dated 1 January 1999, showing his weight as 206 pounds and percent body fat as 24.34 percent with allowable percent body fat of 26 percent.

On 4 March 1999, he was assigned to the 5502^nd Army Hospital in a position authorized a Medical Corps officer in the rank of major. On 9 March 1999, he was attached to NAAD. On 6 August 1999, AR-PERSCOM published a memorandum promoting the applicant to MAJ with a DOR and effective date of 4 March 1999, the date he was assigned to a Medical Corps officer position authorized a MAJ.

Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), in effect at the time, paragraph 4-19b(2), stated, in pertinent part, that unit officers selected by a mandatory promotion board will be promoted effective the date of assignment to a position of the higher grade to which they were selected. Paragraph 4-19 also states that an officer is promoted after selection if all qualifications for promotion are met (to include meeting the Army Weight Control Program standards). When an officer does not meet the qualifications for promotion, the effective date of promotion will be advanced to the date qualifications are met.

Army Regulation 600-9 (The Army Weight Control Program), establishes a weight control program in all the Services. This regulation applies to all members of the Active Army, the Army National Guard (ARNG) and the U.S. Army Reserve (USAR) to include those ARNG and USAR personnel in Active Guard/Reserve (AGR) status. This regulation requires that the body fat composition will be determined for personnel whose body weight exceeds the screening table weight in Table 1 or when the unit commander or supervisor determine that the individual’s appearance suggests that body fat is excessive. Table 1, Weight for Height Table (Screening Table Weight), shows that for a male who is 40 years of age and over, and who is 69 inches tall, the weight limit is 186 pounds. Paragraph 20c contains a chart, which shows the maximum allowable percent body fat for males in age group 40 years and older is 26 percent body fat.

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 evidence of record shows that the applicant was informed of the next AMEDD Promotion Board, which identified him as being eligible for promotion consideration. The evidence also shows that he was informed of the most important documents in his OMPF and that incomplete information on these documents would cause him to not be recommended for promotion.

2. The applicant was considered and selected for promotion to MAJ by the
1998 RCSB and was eligible for promotion on 29 June 1998. However, he was informed in writing by AR-PERSCOM that his promotion was automatically delayed due to not having a current APFT test and exceeding the Army Weight Control Program standards.

3. The Board also notes that the applicant provided documentation to show that he had passed his APFT and weigh-in during the month of June 1998. However, these documents were not available to the 1998 RCSB, which caused his involuntary delay in promotion. The applicant satisfactorily completed a new APFT and Body Fat Content worksheet and submitted them on or about 5 January 1999.

4. On 4 March 1999, he was assigned to a Medical Corps officers position authorized a MAJ. He was correctly promoted to MAJ effective 4 March 1999, based on assignment to a position on that date authorized a Medical Corps MAJ. His DOR was determined as 4 March 1999, based on his lack of assignment in a position authorized a Medical Corps MAJ until that date, in addition to the lack of a current APFT and acceptable weight standards documentation. Consequently, his earlier APFT and weight control documents had no bearing on the 4 March 1999 DOR date.

5. In order to justify correction of a military record, the applicant must show to 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

__ro___ ___kf___ __rw______ DENY APPLICATION

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

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INDEX

CASE ID	AR2001065184
SUFFIX
RECON
DATE BOARDED	20020926
TYPE OF DISCHARGE
DATE OF DISCHARGE	Active reserve
DISCHARGE AUTHORITY	AR—active reserve
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 21
2.
3.
4.
5.
6.