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ARMY | BCMR | CY2002 | 2002083121C070215
Original file (2002083121C070215.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 February 2004
         DOCKET NUMBER: AR2002083121


         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. Regan K. Smith Member
Mr. Curtis L. Greenway 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests correction to his date of rank for first lieutenant to 27 January 2002.

2. The applicant states that under the provisions of Army Regulation 135-155, dated 15 September 1994, the regulation that was in force at the time of his promotion, he became eligible for promotion to first lieutenant the day he enrolled in the officer basic course (OBC). His promotion to first lieutenant was granted on that date, but later revoked for reasons unknown to him.

3. The applicant provides copies of his appointment memorandum and his Service School Academic Evaluation Report for the OBC.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show that he was appointed in the Massachusetts Army National Guard (MAARNG) as a second lieutenant effective 19 September 1996.

2. The applicant was separated from the MAARNG effective 1 May 1999 and transferred to the USAR Control Group (Reinforcement).

3. The applicant enrolled in the Military Police OBC effective 27 January 2002 and was promoted to first lieutenant effective the same date.

4. The applicant's records contained a Memorandum For Record (MFR) dated 4 February 2002 that stated the applicant could not be promoted on his promotion eligibility date (PED) of 18 September 1998, because all promotion qualifications were not met. The applicant was promoted effective 27 January 2002, when all requirements were met.

5. A Revocation of Promotion Memorandum dated 21 February 2002, was issued to the applicant advising him that his promotion as a Reserve commissioned officer dated 4 February 2002, promoting him to the rank of first lieutenant was revoked. He was further advised that he was erroneously promoted.

6. The applicant completed his branch OBC effective 13 May 2002. He was issued a Promotion Memorandum dated 23 September 2002, promoting him to first lieutenant effective 13 May 2002.




7. The applicant's records contained a MFR dated 23 September 2002 that stated the applicant could not be promoted on his PED of 18 September 1998, because all promotion qualifications were not met. The applicant was promoted effective 13 May 2002, when all requirements were met.

8. Army Regulation 135-155, in effect at the time, prescribed the policies and procedures for promotion of Reserve officers. This regulation provided that the minimum years in the lower grade for promotion to first lieutenant is 2 years and the maximum years in the lower grade is 42 months (3½ years) and completion of an OBC. The regulation also specified that an officer delayed to obtain a graduate degree and assigned to the control group (OADO), or Dual Component and former OADO officers transferred to the Control Group (Annual Training), or the Selected Reserve may be promoted to first lieutenant when enrolled in a resident OBC and who are otherwise eligible.

DISCUSSION AND CONCLUSIONS :

1. In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank for first lieutenant. He has not shown error, injustice, or inequity for the relief he now requests.

2. The applicant' s contentions have been noted; however, the applicant could not be promoted to first lieutenant by the time he had enrolled in OBC. The applicant was not appointed as an officer delayed to obtain a graduate degree and assigned to the control group (OADO), or a Dual Component and/or former OADO officer transferred to the Control Group (Annual Training), or assigned to the Selected Reserve. Had he been appointed in either category he would have been entitled to the education exception for those officers by being enrolled in an OBC and considered to have satisfied the education requirement for promotion to first lieutenant.

3. The applicant was erroneously promoted to first lieutenant on the day he enrolled in the OBC, his promotion was later revoked and he was appropriately promoted to first lieutenant effective 13 May 2002, the day he completed OBC.

4. In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__sc____ ___rs___ ___cg_____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




                  ___Samuel A. Crumpler____
                  CHAIRPERSON


INDEX

CASE ID AR2002083121
SUFFIX
RECON
DATE BOARDED 20040203
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 131.00
2. 131.05
3.
4.
5.
6.


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