RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              DECEMBER 2, 2004
      DOCKET NUMBER:        AR2004103180


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy Jr.   |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      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 that the date of rank (DOR) of his appointment
to second lieutenant (2LT) be adjusted from 26 May 1982 to 8 May 1982.  He
further requests that his current promotion sequence number to colonel
(COL) be adjusted in accordance with the corrected DOR and that the DOR of
all of his subsequent promotions be corrected accordingly.

2.  The applicant states that he was commissioned as a United States Army
Reserve (USAR) 2LT on 8 May 1982, upon his graduation from the University
of Kentucky.  He states that regulations state that as a Regular Army (RA)
selectee, he was entitled to enter the RA on the date that he was
commissioned as a 2LT. He states that his Officer Record Brief shows his
DOR as 26 May 1982, which is an 18-day discrepancy from the day that he was
commissioned on 8 May 1982.  He goes on to state that his RA appointment
was confirmed on 12 May 1982, per Human Resources Command (HRC) and that if
all of his DOR and sequence numbers are erroneous if they have been
determined by the 26 May 82 DOR.

3.  The applicant provides in support of his application a copy of his
Reserve commissioned officer Oath of Office dated 8 May 1982; a copy of his
memorandum appointing him as a Reserve commissioned officer of the Army
dated 8 May 1982; RA commissioned officer Oath of Office dated 17 June
1982; a copy of orders dated 9 April 1982, ordering him to active duty; a
copy of his Active Duty Report; a copy of his Application for Appointment;
a copy of a colonel promotion list; a copy of his Officer Record Brief; and
a copy of a colonel promotion list that includes the name of an individual
who he contends was a classmate that has a later DOR of 1 September 2004.

CONSIDERATION OF EVIDENCE:

1.  On 30 August 1978, he enlisted in the USAR for 6 years as a cadet in
the Reserve Officer Training Corps (ROTC).

2.  Orders were published on 9 April 1982, ordering the applicant to active
duty with a 4-year commitment, upon his acceptance of an appointment as a
2LT in the USAR, with a reporting date for temporary duty of 8 June 1982.

3.  On 8 May 1982, the applicant executed his Oath of Office and he was
appointed as a Reserve commissioned officer in the rank of 2LT.  On the
same day, he submitted an application for appointment as a commissioned
officer in the RA and he executed his Oath of Office as a 2LT in the RA on
17 June 1982.

4.  He was promoted to first lieutenant (1LT) on 26 November 1983; to
captain on 1 February 1986; to major on 1 April 1994; and to lieutenant
colonel on 1 February 1988.

5.  The applicant is currently on the colonel promotion list with a
sequence number of 40.

6.  On 8 April 2004, during the processing of this case, an advisory
opinion was obtained from the promotion branch of the Deputy Chief,
Department of the Army HRC who reiterated that the applicant accepted a
USAR appointment from ROTC on 8 May 1982 and entered on active duty on 8
June 1982.  The HRC opined that in accordance with Army Regulation 624-100,
paragraph 3-3, the applicant’s DOR to 2LT was the main graduation date of
the United States Military Academy (USMA), which was 26 May 1982;
therefore, his DOR is 26 May 1982.  The HRC further opined that his
promotion eligibility date for 1LT was on the 18-month anniversary of the
USMA graduation date, which was 26 November 1983, and that this DOR
generated his DOR to captain, major and lieutenant colonel.  The HRC
determined that his DOR to 2LT and 1LT are correct and recommended that his
request be denied.

7.  On 15 April 2004, a copy of the advisory opinion as forwarded to the
application for his information and possible rebuttal.  In correspondence
to this Board dated 1 June 2004, the applicant stated that it appears that
he, as an 8 May 1982 USAR commissioned officer, was “left in a lurch” as a
result of not reporting directly to active duty.  He stated that the 18
days of USAR time between his commissioning and the USMA graduation date
should be counted as “good time”.  He went on to state that the HRC’s point
of contact advised him that as a ROTC distinguished military graduate and
RA selectee, he was entitled to enter the RA the day that he was
commissioned on 8 May 1982; therefore, 8 May 1982 should be his DOR.  The
applicant concluded by stating that his RA appointment was confirmed on 12
May 1982; and that that date is also prior to 26 May 1982.

8.  Army Regulation 624-100 is the authority for promotions of officers on
active duty.  Paragraph 6-5 of that regulation provides procedures for
determining DOR of other than RA (OTRA) 2LTs upon placement on the active
duty list.  It provides, in pertinent part, that for an OTRA ROTC 2LT
appointed under the provisions of Title 10 United States Code 2106, 2107 or
2107a in May or June of any years, his or her DOR upon such appointment
will be the same as the USMA



graduation date for that year.  If all service as a 2LT prior to being
placed on the active duty list (ADL) was in an active status, that DOR will
not be adjusted upon placement on the ADL.  If such an officer has some
commissioned service after the date of appointment but prior to placement
on the ADL which was in an inactive status, his or her DOR on the ADL will
be calculated by backdating from the date of his or her placement on the
ADL by a period equal to his or her service in an active status in that
grade, except that such adjustment will not be earlier than the USMA
graduation date in the year in which he or she was appointed.

DISCUSSION AND CONCLUSIONS:

1.  The actions by the Army in this case were proper, and there is no doubt
to be resolved in favor of the applicant.

2.  He has submitted neither probative evidence nor a convincing argument
in support of the request.

3.  The Board has noted the applicant’s contentions.  However, in
accordance with the applicable regulation, he was properly furnished a DOR
to coincide with the graduation date of the USMA for that particular year.
Therefore, he was eligible for promotion to 1LT on the 18-month anniversary
date of his 26 May 1982 DOR and his DOR for captain, major and lieutenant
were appropriately generated from his 1LT DOR.  Additionally, the sequence
number that he was assigned for his promotion to colonel is correct as it
was also generated by both his entry date and his DOR.

4.  This Board concurs with the findings of the HRC in that his 2LT DOR is
correct as currently reflected and finds no basis for amending his records
as requested.

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






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

rjw _____  lvb  _____  teo _____  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.





                                  ____Raymond J. Wagner__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103180                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  14   |102.0000.0000/OFFICER APPOINTMENTS      |
|2.  15                  |102.0100.0000/EFFECTIVE DATE            |
|3.  21                  |102.0700.0000/DATE OF RANK              |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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