RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 May2005
      DOCKET NUMBER:  AR20040004546


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Seema E. Salter               |     |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, in effect, that his date of rank (DOR) be
changed to his promotion eligibility date of 17 March 2003 and that he be
paid all back pay and allowances resulting from this correction.

2.  The applicant states that a formal Inspector General (IG) investigation
determined, in effect, that he should be promoted to captain, retroactive
to his eligibility date.

3.  The applicant provides in support of his request a:

      a.  Letter from the Office of the Inspector General (IG),
Headquarters,
94th Regional Readiness Command, Ayer, Massachusetts, dated 23 February
2004.

      b.  Personnel Qualification Record.

CONSIDERATION OF EVIDENCE:

1.  Prior to the period of service under review, the applicant served in an
active duty status from 31 May 1997 to 1 July 1999.  On 30 November 1998,
he was appointed a first lieutenant, Field Artillery, in the Army National
Guard (ARNG) from active duty with a Reserve commission.

2.  The above IG letter, dated 23 February 2004, states, in effect, that an
IG investigation determined the applicant' Officer Evaluation Report (OER)
as it was written was not justified because it was not written in
accordance with the provisions of Army regulations, and that the applicant
should be given an opportunity to complete his support form stating his
accomplishments.  The investigation also determined that the applicant
should be promoted to captain retroactive to his eligibility date because
he was serving in a captain's position on the date the selection board
results were announced.

3.  A United States Army (USAR) Human Resources Command, (HRC) St. Louis
Missouri memorandum, dated 26 January 2004, announced the applicant’s
promotion to captain in the United States Army Reserve (USAR) effective
18 January 2004.  This memorandum stated:  “Your promotion, pay and
allowances, and time in grade of promotion to the next grade will be
effective on the date shown after A, above.”  The date shown after A,
above, on this memorandum is “18 January 2004."


4.  In the processing of this case, an advisory opinion was provided by the
Chief of Special Actions, Office of Reserve Components Promotions United
States Army HRC, St. Louis, Missouri.  The advisory opinion points out that
on, 9 April 2002, the applicant was assigned to a captain's position while
serving as a member in a troop program unit.  He was selected to promotion
to captain by the Department of the Army (DA) Reserve Components Selection
Board with a promotion eligibility date (PED) of 29 November 2000, and the
board was approved by the President on 17 March 2003.  However, he was not
promoted to captain until he was transferred to the Reinforcement Control
Group on
18 January 2004, with that date as his DOR.

5.  Further, the advisory opinion states that Army Regulation 135-155 (ARNG
and USAR-Promotion of Commissioned Officers and Warrant Officers Other Than
General Officers) paragraph 4-21, provides that a unit member will be
promoted on the approval date of the board that selected him for promotion
providing he is serving in the higher grade/position.  Since the applicant
was serving in the higher grade on the approval date of the board, he is
eligible for a DOR and an effective date of promotion of 17 March 2003.  In
view of the facts presented, the recommendation is that the applicant's
request be approved.

6.  On 27 October 2004, the applicant was notified that he had 10 days to
submit matters in rebuttal or he could concur with the advisory opinion.
On 4 November 2004, the applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

On 9 April 2002, the applicant was assigned to a captain's position.  The
2002 DA Reserve Components Selection Board selected him for promotion to
captain and on 17 March 2003 the board was approved by the President.
Based on the available facts, the applicant's record should be corrected to
show that his effective DOR is 17 March 2003, the date he was eligible for
promotion with entitlement to back pay and allowances from 17 March 2003 to
18 January 2004.

BOARD VOTE:

__mhm___  __ses___  __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
showing the individual's effective DOR is 17 March 2003 with entitlement to
back pay and allowances from 17 March 2003 to 18 January 2004.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004546                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050526                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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