RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 February 2005
      DOCKET NUMBER:  AR20040001468


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan A. Powers               |     |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 his date of rank to first lieutenant (1LT)
be corrected from 20 April 2004 to 12 May 1991.

2.  The applicant states that his file was current until his physical
expired on       18 June 1993.

3.  The applicant provides his Personnel Qualification Record (Commissioned
Officer) dated 6 May 2004; a record of his National Agency Check status; a
DA Form 3081 (Periodic Medical Examination) dated 13 May 19__ (year not
shown); a physical examination dated 18 June 1988; a DA Form 705 (Army
Physical Fitness Test Scorecard); and an officer evaluation report (OER)
for the period ending 12 September 1990.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant (2LT) out of the
Reserve Officers' Training Program on 13 May 1989 and took an oath of
office   as a second lieutenant in the Army National Guard (ARNG) on 14 May
1989.  He was ordered to active duty on 14 May 1989 to attend the Officer
Basic Course, completed the course, and was released from active duty on 12
September 1989.

2.  On 15 May 1991, the applicant was discharged from the ARNG and
transferred to the U. S. Army Reserve Control Group (Individual Ready
Reserve). He was transferred to a USAR Troop Program Unit (TPU) apparently
on 20 April 2004.

3.  A memorandum promoting the applicant to 1LT with an effective date of
    20 April 2004 was prepared on 10 May 2004.

4.  In the processing of this case, an advisory opinion was obtained from
the     Special Actions Branch, Office of Promotions, Reserve Components,
U. S. Army Human Resources Command – St. Louis.  That office recommended
approval of the applicant's request.  It noted that the applicant had been
selected for promotion to 1LT by the December 1991 local board (conducted
in St. Louis) with a promotion eligibility date of 12 May 1992 based on 3
years time in grade.  At the time he had been identified to the board he
was assigned to the ARNG;
however, he had been transferred to a USAR Control Group on 16 May 1991 and
was not promoted until he transferred back to a unit (around April 2004).

5.  The advisory opinion recommended the applicant be granted an earlier
date of rank of 12 May 1992.  It noted that if the Board grants his
request, he will be eligible for promotion consideration to captain by
special selection boards (SSBs) under the 1996 through 2004 criteria.  He
should be advised that those boards were best-qualified boards and that he
will not have any OERs as a 1LT for the SSBs to evaluate his potential to
serve at higher grade.

6.  A copy of the advisory opinion was provided to the applicant for
comment.  He concurred with the advisory opinion.

7.  Army Regulation 135-155 (Promotion of Commissioned and Warrant Officers
other than General Officers), the version in effect at the time, Table 2-1
stated that 3 years time in grade was required for promotion to 1LT (for
either a unit board or a mandatory board).  Table 2-2 stated that a
resident officer basic course was required for promotion to 1LT.  Paragraph
3-19 stated that the effective date of promotion for a nonunit officer
would be the date that mandatory service requirements and promotion
eligibility requirements (being in an active status and meeting educational
requirements) were completed.  A unit officer must have been assigned to a
position vacancy in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant had been identified for consideration for
promotion to 1LT he was in the ARNG.  He was discharged from the ARNG and
transferred to the USAR (Individual Ready Reserve) on 15 May 1991.  He was
selected for promotion in December 1991 and, as he had met the promotion
eligibility requirements for a nonunit officer, he should have been
promoted to 1LT on     12 May 1992, the date he had 3 years time in grade
as a 2LT.

2.  The applicant was not promoted to 1LT in May 1992, possibly because he
was mistakenly believed to still be a unit officer.  He was not promoted to
1LT until effective 20 April 2004, when he transferred to a TPU.

3.  As the applicant met the promotion eligibility requirements for
promotion to 1LT on 12 May 1991, it would be equitable to correct his
records to show he was promoted effective that date.  That would then make
him eligible for promotion reconsideration to captain beginning with the
1996 through the 2004 criteria.

BOARD VOTE:

__mkp___  _sp_____  __sap___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  showing he was promoted to 1LT with a date of rank and effective
date of 12 May 1991;

     b.  submitting his records to a duly constituted Special Selection
Board for reconsideration for promotion to captain under the 1996 through
2004 criteria; and

     c.  promoting him to captain if he is selected for promotion and
assigning the appropriate date of rank (or assigning him the appropriate
sequence number, if applicable) or notifying him if he is not selected for
promotion.




            _Margaret K. Patterson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040001468                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.04                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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