SUPPLEMENTAL PROCEEDINGS



      IN THE CASE OF:



      BOARD DATE:           4 March 2004
      DOCKET NUMBER:   AR2003089812


      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.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated 121 June 2001 were affirmed.  The following additional
findings, conclusions, and recommendation were adopted by the Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Edmund P. Mercanti            |     |Analyst              |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 12 June 2001.

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Kenneth L. Wright             |     |Member               |


      The applicant and counsel, if any, did not appear before the Board.

      The Board considered the following additional evidence:

      Exhibit C – DD Form 149
      Exhibit D – Statement from applicant
         Exhibit E – Prior proceedings




THE BOARD ADDITIONALLY FINDS:

6.  On 6 April 2003 the applicant amended her application, by submitting a
supplemental application to the Board, to request that her records be
further corrected to show that she be given sufficient retirement points to
qualify the period January 2001 to February 2002 for retired pay.  She also
requests that her date of promotion to major be corrected to 1997.  She
states that she was discharged from the US Army Reserve (USAR) on 1 January
2001.  However, her discharge was revoked when this Board granted her
constructive service credit (CSC).  Since she was discharged through no
fault of her own, she believes that she should be given retirement point
credit for the time she had no military status.  As for correcting her date
of promotion to major, she states that because she was re-commissioned as a
first lieutenant, her dates of promotion to captain and major should have
been adjusted.

7.  She was commissioned as a second lieutenant, Army Nurse Corps (ANC),
USAR, not on active duty, on 14 April 1986.  She was promoted to first
lieutenant, and then to captain on 12 April 1993.  On 4 February 1995, she
was transferred to the USAR Control Group (Reinforcement) due to
unsatisfactory participation.

8.  On 24 July 2000, she was notified that she had been considered for
promotion to major for the second time and not selected.  As such, she was
to be discharged on 1 January 2001.

9.  On 29 August 2000, this Board directed (AR1999032641) that the
applicant’s records be corrected to show that she was initially
commissioned as a first lieutenant due to constructive service credit.

10.  On 12 June 2001, this Board directed (AR2001051942) that the
applicant’s records be corrected to show that she be considered for
promotion to captain by a special selection board under 1996 criteria.
This recommendation was based on the prior Board’s correction of the
applicant’s rank when she was initially commissioned.  This Board’s
approved recommendation also directed that if selected for promotion, “that
her discharge or transfer to the Retired Reserve, as applicable, is void,
and of no force or effect; that she was credited with qualifying service
for Reserve retirement for her respective retirement years, from the dates
of her now-voided discharge or transfer to the Retired Reserve to the date
of her return to the active Reserve.”

11.  The applicant was then selected for promotion to major by a special
selection board, with a DOR of 1 January 2001.




12.  Army Regulation 135-155, Promotion of Commissioned Officers and
Warrant Officers Other Than General Officers, in effect at the time, Table
2–1, Time in Grade Requirements Commissioned Officers, Other than
Commissioned Warrant Officers, states that the minimum time in grade for
consideration for mandatory promotion from lieutenant to captain is four
years, and the minimum time in grade for consideration for mandatory
promotion from captain to major is seven years.

THE BOARD ADDITIONALLY CONCLUDES:

3.  At the time of the Board’s 12 June 2001 decision in this case, it was
the intent of the Board to make the applicant’s record as administratively
correct as it should properly have been at the time she was reappointed as
a first lieutenant with a DOR of 14 April 1986 based on award of 3 years
CSC.

4.  A review of the Board’s original proceedings show that an error was
made.  The Board should have recommended that the applicant have her DOR to
captain adjusted to the date the 1990 captain promotion board was approved.
 She then should have been reconsidered for promotion to major under 1997
promotion criteria.  If she is selected for major, pay grade 0-4, under
1997 standards, then it was the Board’s intent to have her promoted to that
grade with a DOR of the date the 1997 major promotion board was approved.
If not selected for promotion to major by the 1997 major promotion board,
she should then be given a second consideration for promotion to major
under the 1998 promotion criteria.

5.  Since the Board has already granted the applicant qualifying service
for the time she didn’t have military status due to her discharge, that
portion of her request is not further addressed.

6.  In view of the foregoing findings and conclusions, it would be
appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be
corrected by amending the Board’s recommendation appearing in the
proceedings, dated 12 June 2001, (AR2001051942) to show:

      a.  That her date of rank for captain be adjusted to her date of
eligibility therefore, as determined by appropriate Departmental officials
using the 1990 criteria, provided she was otherwise qualified and met all
other prerequisites for promotion;

      b.  That following administrative implementation of the foregoing,
her records be submitted to a duly constituted Special Selection Board
(SSB) under the 1997 through 2000 criteria, as appropriate;
      c.  That if selected, her records be further corrected by showing she
was promoted to major on her date of eligibility therefore, as determined
by appropriate Departmental officials using the criteria cited, provided
she was otherwise qualified and met all other prerequisites for promotion;
and

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

BOARD VOTE:

____kan_  ___klw___  ____ena_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




            _______Kathleen A. Newman_______
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2003089812                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040304                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |