MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002071365

         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
Mr. David E. Weightman		Senior Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Regan K. Smith		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: In effect, readjustment of his date of rank (DOR) for first lieutenant from 29 December to 10 October 1999, and for captain from
1 February to 1 January 2002, with back pay and allowances.

APPLICANT STATES: In accordance with Army Regulation 600-8-29, paragraph 1-42c, the promotion board failed to use his correct DOR when deciding his sequence number for promotion to captain, thereby moving his promotion date to 1 February instead of the correct date of 1 January 2002. This error caused him loss of pay and allowances and possibly a delayed promotion to major. He also states that if his request is denied that he requests a complete explanation, to include specific regulatory rationale and application. He submits a statement explaining the promotion board's mistake, his request for correction of his DOR, denial of his request by a Total Army Personnel Command (PERSCOM) official, the PERSCOM order determining his DOR, a copy of an Officer Record Brief (ORB) dated 26 November 2001 and orders showing his promotion to captain. He also submits copies of documents from his official file.

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

Effective 10 October 2000, with more than 6 years of Reserve service, the applicant was appointed a first lieutenant, Judge Advocate General's Corps (JAGC), with 3 years of constructive service credit (CSC). Based on the awarded CSC, his USAR permanent (P)DOR was 10 October 1999, based on
2 of the 3 years for credit for appointment to the rank of first lieutenant, and the remaining 1 year of time in grade for promotion eligibility to captain. (The time in grade requirement for promotion from second lieutenant to first lieutenant in the USAR (PDOR) is 2 years, and 5 years for first lieutenant to captain.)

He was ordered to active duty for training (ADT) to Fort Lee, Virginia for a period of 25 days plus allowable travel time, with a report date of 9 January 2001, for attendance at the resident Phase 1 of the officer basic course (OBC).

He was ordered to active duty on the active duty list (ADL) as a first lieutenant for a period of 3 years, with a report date of 29 June 2001, to complete the OBC, and further assignment to the XVIII Airborne Corps, Fort Bragg, North Carolina. His active duty (A)DOR was 29 December 1999, based on 18 months of the
3 years of CSC credit for appointment to the rank of first lieutenant, and the remaining 18 months of time in grade for promotion eligibility to captain. (The time in grade requirement for promotion from second lieutenant to first lieutenant on active duty is 18 months.)

On 4 September 2001, PERSCOM Order 247-003 announced the applicant's ADOR as 29 December 1999.


He was recommended for promotion to captain by the 2001 promotion board. His promotion sequence number was 41 out of 43 officers recommended.

On 2 January 2002 he submitted a memorandum through his rating chain to the Commander of the PERSCOM, requesting his ADOR for first lieutenant be corrected from 29 December 1999 to 10 October 1999, and based on this correction, that his ADOR for captain be adjusted from 1 February to 1 January 2002. He stated that his ADOR for first lieutenant is 10 October 1999 according to his ORB which shows his PDOR as 10 October 1999, his appointment orders C-10-029062 which show his PDOR as 10 October 2000, and his oath of office completed on 10 October 2000. He also states he entered active duty 6 months earlier than his other OBC classmates when he attended Phase 1 of the OBC. His rating chain supported his request.

On 11 January 2002, PERSCOM Order 011-038 announced the applicant's promotion to captain with an effective date and ADOR of 1 February 2002.

On 22 January 2002, a PERSCOM official of the Promotion Branch DOR Section denied the applicant's request for correction of his first lieutenant DOR. The official stated that his DOR of 29 December 1999 is correct as stated in PERSCOM Order 247-003, dated 4 September 2001, in accordance with Army Regulation 600-8-29.

The current time in grade requirement for promotion from first lieutenant to captain in the USAR is 5 years. The requirement for ADL officers is currently about 18 months.

Army Regulation 600-8-29, Officer Promotions, prescribes the policies and procedures governing promotion of Army commissioned officers on the ADL. Paragraph 1-42c, as quoted by the applicant and pertinent in his case, specifies that a first lieutenant, JAGC, who was originally appointed in that grade and who has 18 months or less service in an active status in that grade immediately prior to being placed on the ADL, will be placed on the ADL in the grade of first lieutenant with an ADOR 18 months prior to the date of placement. The regulation also provides that upon appointment as a JAGC officer, commissioned service starts on the date of appointment, and that no credit for other commissioned service is permissible unless the grade is captain or higher.

ADOR (Active DOR) is the date used in determining relative seniority among officers of the same grade on the ADL. For USAR, PDOR (Permanent DOR) is the effective date of promotion eligibility.




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 all of the circumstances in this case, the applicant is not entitled to readjustment of his DOR for first lieutenant from 29 December to 10 October 1999, and for captain from 1 February to 1 January 2002, with back pay and allowances. He has not satisfactorily shown error or injustice to justify the relief he is requesting.

2. The applicant's contentions have been noted by the Board; however, they are not sufficiently supported by his application or the evidence or record. Departmental officials properly computed his ADOR for first lieutenant as
29 December 1999, in accordance with pertinent regulations. He has not shown otherwise. Based on his first lieutenant ADOR he also has not shown he was not properly promoted to captain with an ADOR of 1 February 2002.

3. In this case, with the applicant having less than 18 months of ADL service and with his placement on the ADL on 29 June 2001, his ADOR is correct as
29 December 1999, 18 months prior to his placement on the ADL. The pertinent regulation specifies that a first lieutenant, JAGC, who was originally appointed in that grade and who has 18 months or less service in an active status in that grade immediately prior to being placed on the ADL, will be placed on the ADL in the grade of first lieutenant with an ADOR 18 months prior to the date of placement.

4. The applicant's ADT for Phase I of the OBC, performed prior to his entry on the ADL, does not change his ADOR.

5. The ORB copy provided by the applicant does not show an ADOR of
10 October 1999. It shows a PDOR with that date, not to be confused with the ADOR. He did not provide a copy of an ORB showing his ADOR of 10 October 1999.

6. 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.

7. 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

__SAC___ _MHM__ __RKS__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071365
SUFFIX
RECON
DATE BOARDED	20020801
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131
2.
3.
4.
5.
6.