| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: That his date of rank to first lieutenant be adjusted from 29 September 2001 to 31 March 2001.
APPLICANT STATES: That Title 10, U. S. Code, section 14303(a)(1) stipulates that a second lieutenant may be promoted to first lieutenant upon completing 18 months time in grade. Supporting evidence is as listed on the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records show:
That, after having had prior enlisted service, he was commissioned a second lieutenant in the U. S. Army Reserve on 30 September 1999. On 3 February 2001, his commander recommended him for promotion to first lieutenant. The DA Form 78-R (Recommendation for Promotion to 1LT/CW2) indicated his promotion eligibility date was 31 March 2001. The recommendation was approved on 7 February 2001.
By memorandum dated 19 July 2001, the Office of Promotions, Reserve Components, U. S. Total Army Personnel Command, informed the applicant that he had been promoted as a Reserve Commissioned Officer of the Army in Active Guard/Reserve Status under the provisions of Title 10, U. S. Code, chapter 1405 (Promotions). He was informed his effective date of promotion was 29 September 2001.
In the processing of this case, an advisory opinion was obtained from the Special Actions Branch, Office of Promotions, Reserve Components, U. S. Total Army Personnel Command. That office recommended the applicant's request be denied. That office noted that Army Regulation 135-155, Table 2-1 (Time in Grade Requirements, Commissioned Officers, other than Commissioned Warrant Officers) states that a minimum of 2 years in the lower grade is required for promotion to first lieutenant. That office acknowledged that Title 10, U. S. Code, chapter 1405 states that a second lieutenant may be promoted to first lieutenant upon completing 18 months time in grade. However, that office noted that the same title and chapter authorizes the Secretary concerned to lengthen the minimum period in grade for promotion and that the Secretary did that by stating in Army Regulation 135-155 that the time in grade for promotion to first lieutenant is 2 years in the lower grade.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond within the given time frame.
Title 10, U. S. Code, chapter 1405, section 14303(a)(1) states that a second lieutenant on the reserve active-status list may be promoted to first lieutenant
upon completing 18 months time in grade. Section 14303(c) states that the Secretary concerned may prescribe a period of service in grade for eligibility for promotion, in the case of officers to whom subsection (a) applies, that is longer than the applicable period specified in that subsection.
Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), Table 2-1, states that a minimum of 2 years in the lower grade is required for promotion to first lieutenant.
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 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.
2. The Board is cognizant that Title 10, U. S. Code, section 14303(a)(1) states that a second lieutenant on the reserve active-status list may be promoted to first lieutenant upon completing 18 months time in grade. However, that same section authorizes the Secretary of the Army to prescribe a longer period of service in grade for eligibility for promotion of those same officers. The Board concludes that the Secretary has elected to exercise that authority by specifying in Army Regulation 135-155 that 2 years in the lower grade are required for promotion to first lieutenant.
3. The applicant's commander erred when he indicated on the DA Form 78-R that the applicant's promotion eligibility date to first lieutenant was 31 March 2001, after having served only 18 months in the lower grade. The 19 July 2001 memorandum correctly reflects his effective date of promotion as 29 September 2001, after having served 2 years in the lower grade.
4. 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
__lls___ __le____ _fcj ____ DENY APPLICATION
| CASE ID | AR2002081334 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030529 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 131.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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