RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 April 2005
      DOCKET NUMBER:  AR20040006332


      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:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 first lieutenant (1LT) date of rank
(DOR) be adjusted to 18 July 2001.

2.  The applicant states that when he recently returned to a Title 32
status after completing a Title 10 active duty tour, all of the new Judge
Advocate 1LTs told him their 1LT DORs had been officially backdated 1 year
from the date they were actually commissioned.  He was recently promoted to
captain (after 2 years of actual time in grade as a 1LT) and now one of the
aforementioned new Judge Advocates has been promoted to captain and is
currently senior in grade to him.  If his 1LT DOR had been backdated a year
to 18 July 2001, then he would have submitted his captain promotion packet
in the summer of 2003 and likely would have been given a caption DOR of 18
July 2003.

3.  The applicant provides the documents listed on the attached Exhibit
List.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service in various Armed Forces
components, the applicant was appointed a 1LT in the Army National Guard in
the Judge Advocate General's Corps (JAGC) on 18 July 2002.  He was granted
temporary Federal Recognition on 18 July 2002.  He was granted permanent
Federal Recognition effective 18 July 2002 for the purpose of initial
appointment with a 1LT DOR of 18 July 2002.

2.  The applicant was promoted to captain effective 18 July 2004 in an
authorized position at the higher grade and granted Federal Recognition for
the purpose of promotion effective 6 August 2004.

3.  Army Regulation 135-100 (Appointment of Commissioned and Warrant
Officers of the Army) prescribes policy and procedures for the appointment
of commissioned and warrant officers in the Army National Guard of the
United States and the U. S. Army Reserve.  Table 3-3 states that, if
granted commissioned service credit of 3 years or more but less than 7
years, then appointment grade will be 1LT.

4.  Army Regulation 135-100, paragraph 3-12a(2) states, in pertinent part,
that    3 years constructive service credit for award of the first
professional law degree will be awarded.

5.  Army Regulation 135-100, paragraph 3-12b(1) states that the date of
rank of an officer commissioned in the Reserve of the Army and assigned to
the JAGC is the date of appointment.  The date of rank will be further
backdated by the period of commissioned service credit awarded under a
above.  This is in excess of that amount used to establish the officer's
appointment grade.

6.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers) provides policy and procedures for
the selection and promotion of commissioned officers of the Army National
Guard of the United States and the U. S. Army Reserve.  In pertinent part,
it states that the minimum time in grade requirement for promotion to 1LT
is 2 years of service in the rank of second lieutenant.  It also states
that the minimum time in grade requirement for promotion to captain is 2
years of service in the rank of 1LT.

7.  National Guard Regulation 600-100 (Commissioned Officers – Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 2-1 states
that commissioned officers of the ARNG are appointed by the several States
under Article 1, Section 8 of the U. S. Constitution.  These appointments
may be federally recognized by the Chief, National Guard Bureau under such
regulations as the Secretary of the Army may prescribe and under the
provisions of this regulation.  Officers who are federally recognized in a
particular grade and branch shall be tendered an appointment in the same
grade as Reserve commissioned officers of the Army with assignment to the
Army National Guard of the United States if they have not already accepted
such appointment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed to 1LT in the
Army National Guard in the JAGC on 18 July 2002.  At that time he was
eligible to be awarded 3 years constructive service credit for award of his
first professional law degree.  Since only 2 years time in grade is
required for promotion to 1LT, his DOR should have been backdated by the 1
year excess credit he had, i.e., to    18 July 2001.

2.  The applicant was promoted to captain effective 18 July 2004, based
upon     2 years time in grade from his 1LT DOR of 18 July 2002, in an
authorized position at the higher grade, and granted Federal Recognition
effective 6 August 2004.  Since only 2 years time in grade as a 1LT is
required for promotion to captain, had the applicant's 1LT DOR been
correctly noted as 18 July 2001 (and had he actually been filling a captain
position in July 2003), he would have been eligible for promotion to
captain in July 2003.

BOARD VOTE:

__jev___  __amc___  __mvt___  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
the state Army National Guard records and the Department of the Army
records of the individual concerned be corrected by:

     a.  showing he was appointed a 1LT in the Army National Guard in the
Judge Advocate General's Corps  on 18 July 2002 and granted permanent
Federal Recognition effective 18 July 2002 for the purpose of initial
appointment with a 1LT DOR of 18 July 2001;

     b.  if it is determined that he filled a captain position in July
2003, showing that he was promoted to captain effective 18 July 2003 in an
authorized position at the higher grade and granted Federal Recognition for
the purpose of promotion effective 18 July 2003; and

     c.  amending any other orders that may be required.




            ___James E. Vick______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006332                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050414                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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