PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002074564


         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. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyl		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.

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2. The applicant requests adjustment to his date of rank (DOR) for captain to 15 May 1988 and in effect, promotion consideration to major on his projected promotion eligibility date (PED) of 14 May 1995 based on his Army Medical Department (AMEDD) Constructive Credit Calculator. He also requests promotion consideration to lieutenant colonel on an earlier date.

3. The applicant states, in effect, that his DOR’s for captain and major should be modified to 15 May 1988 and 14 May 1995, respectively. He also states that he would have been eligible for promotion to lieutenant colonel at an earlier date than currently directed. He submits a copy of an AMEDD Constructive Credit Calculator and his appointment letter in support of his application.

4. The applicant’s military records show that he was appointed in the Reserve, Medical Corps, as a captain, with 11 years and 3 months constructive service credit (CSC), as of 3 August 1995 (sic), effective 15 August 1995, the date he executed his oath of office. His appointment order was dated 3 August 1995.

5. At the time of his appointment his DOR for captain was not adjusted based on his CSC total. His DOR at the time was 15 May 1988.

6. Based on the required 7 years time in grade, his PED for major would have been 14 May 1995.

7. He was erroneously not considered for promotion to major by the 1995 Reserve Components Selection Board (RCSB).

8. He was later selected and promoted to major effective 24 February 1998. His DOR was shown as 24 February 1998, not 14 May 1995.

9. Based on the required 7 years time in grade, with a proper DOR for major of 14 May 1995, his PED for lieutenant colonel would have been 13 May 2002.

10. He was not considered for promotion to lieutenant colonel by the 2002 RCSB.

11. On 11 July 2002, the Personnel Management Officer, Health Services Directorate, issued TAPC-SL Form 1035 (Computation Sheet For Establishing CSC, DOR and PED of Reserve Officers). The sheet shows the applicant entered the Reserve in the grade of captain effective 3 August 1995, then subtracts 7 years and 3 months from that date for an adjusted date of 3 May 1988 as his modified DOR for captain, and then 7 years were added for a PED of 3 May 1995 for promotion to major.



12. Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve in the six branches of the AMEDD. This regulation provides that officers will be granted
CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree. The CSC is awarded based on an officer’s effective date of appointment.

13. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation provides that individuals will receive mandatory promotion consideration prior to their promotion eligibility dates so that, if selected, they may be promoted on their future promotion eligibility dates. The regulation also specifies that promotion to major and lieutenant colonel requires 7 years completion of time in the lower grade.

14. Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or 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. A STAB is required for reconsideration for criteria prior to 1 October 1996, and an SSB is required for 1 October 1996 and later. It further specifies that promotion reconsideration by a STAB for criteria prior to the ROPMA, implemented on 1 October 1996, may only be based upon determination of this Board and approved by the Secretary of the Army. Approval for criteria after ROPMA by an SSB may be accomplished by the Total Army Personnel Command.

15. The 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 commissioned officers. The law was implemented on 1 October 1996. ROPMA provides that in order to be eligible for promotion to LTC 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 completed the maximum service. ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.

16. The Computation Sheet For Establishing CSC, DOR and PED of Reserve Officers was provided to the applicant for acknowledgement/rebuttal on 15 August 2002. He concurred on 22 August 2002.







CONCLUSIONS:

1. In view of the facts in this case, the applicant is entitled to adjustment to his DOR for captain to 15 May 1988 based on award of 11 years and 3 months of CSC. He was appointed as a captain effective 15 August 1995, based on 4 years of the CSC, and the balance, 7 years and 3 months, was applied to his appointment DOR. Also in this case, the CSC is computed based on 15 August 1995, his effective date of appointment, and not 3 August 1995, the date of his appointment orders.

2. The Board notes that with an adjustment to his DOR for captain to 15 May 1988 would have made him eligible for promotion consideration to major by his PED of 14 May 1995. The applicant was promoted to major effective 24 February 1998. The Board concludes that since he was selected and promoted to major under 1998 criteria, he would have been selected and promoted to major under 1995 criteria and entitled to a DOR for major of 14 May 1995.

3. The Board also notes that based on the correction to his DOR’s for captain and major and for the applicant to receive the earliest promotion consideration for lieutenant colonel, it would now be appropriate to submit his records for appropriate SSB consideration for this purpose.

4. The Board further concludes that the applicant was not given fair computation of his CSC at the time of his appointment and also later when he was promoted to major. The Board also concludes that based on this error he was not given fair and timely promotion consideration for major in 1995 and to lieutenant colonel in 2002. He was considered and selected for promotion to major in 1998. The applicant should not be penalized for what appears to have been an error on the part of those responsible for computation of his CSC, which prevented timely promotion considerations for major and lieutenant colonel.

5. 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 showing the individual concerned was appointed in the Reserve as a captain with a date rank of 15 May 1988 and promoted to major with a date of rank of 14 May 1995.




2. That following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB for promotion consideration for lieutenant colonel under 2002 criteria.

3. That if selected, his records be further corrected by showing he was promoted to lieutenant colonel on his date of eligibility therefore, as determined by appropriate Departmental officials using the criteria cited, with entitlement to all back pay and allowances, provided he was otherwise qualified and met all other prerequisites for promotion.

4. That if not selected, the applicant be so notified.

BOARD VOTE:

_FNE____ _LE_____ _TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074564
SUFFIX
RECON
DATE BOARDED	20021121
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	131.00
2.	131.01
3.
4.
5.
6.