RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040009117


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 her date of rank to captain (DOR) be
adjusted from 12 February 1999 to 1 February 1998.

2.  The applicant states, in effect, that since she was selected for
promotion while on active duty and prior to her voluntary transfer to the
Individual Ready Reserve (IRR) she should be afforded the earlier effective
date of promotion.

3.  The applicant provides copies of a 7 February 2004 Headquarters, 420th
Engineer Brigade memorandum; a 4 March 2004 Army Human Resources Command,
St. Louis (AHRC-STL) memorandum, addressing the earlier effective date; a 4
March 2004 AHRC-STL memorandum promoting her to Captain, effective 12
February 1999; and a 14 January 1998 Total Army Personnel Command (TAPC)
Order Number 14-040 promoting the applicant to the rank of captain
effective 1 February 1998.

CONSIDERATION OF EVIDENCE:

1.  The limited available records show that the applicant was commissioned
a second lieutenant on 27 January 1994 and promoted to first lieutenant.

2.  The applicant was selected for an active duty promotion to captain by
the 1997 selection board.  This board was not finalized until January 1998.

3.  On 1 December 1997 the applicant voluntarily transferred to the Army
Reserve (USAR).

4.  Total Army Personnel Center (TAPC) Orders Number 14-040, dated
14 January 1998, included the applicant's name on the list of active duty
officers promoted with an effective date of promotion and date of rank of
1 February 1998.

5.  The applicant transferred to a USAR TPU (Troop Program Unit) on
23 November 1998.  She was assigned to a captain's position and served as a
captain in that position.

6.  The applicant continued to serve as a captain, and was paid as a
captain, in several different TPU positions until September 2001 when she
was accepted for an AGR (Active Guard Reserve) position.  The applicant was
accessed for this position, served, and was paid as a captain.

7.  In preparation of her promotion packet, for the 2004 promotion
selection board for major, it was determined that the applicant's promotion
to captain was invalid as it was based on the active duty selection board
promotion orders when she was no longer a member of the active component.

8.  A memorandum from her TPU indicated that the applicant had been on a
temporary profile that prevented her from completing the Army Physical
Fitness Test (APFT).  This memorandum indicates the applicant passed an
Army Physical Fitness Test (APFT) on 23 November 1999.

9.  Based on this information, the applicant was found to have become
eligible for promotion and given an effective DOR to captain of 23 November
1999.

10.  A second memorandum from the TPU indicates that the applicant first
successfully passed her APFT on 12 February 1999.

11.  On 7 February 2004, the applicant's command forwarded a request to the
Army Human Resources Command, St. Louis, Missouri (AHRC-STL) requesting
correction of her promotion orders.  Her command requested that her
effective DOR be corrected to 1 February 1998.  In its request her command
indicated that, if the correction was not made, the applicant would not be
eligible for consideration for the 2004 major's promotion board.  It
further noted that if the applicant was not considered by the 2004 board
she would have to wait for the 2005 board at which point she would have
served in excess of the maximum time in grade (TIG) of seven years.

12.  A 4 March 2004 AHRC-STL memorandum states that the applicant's
promotion to captain by the Active Army on 14 January 1998, with an
effective date of rank of 1 February 1998, was invalid since the applicant
was no longer in the Regular Army.  It notes that the applicant was not
promoted in the IRR since she had not met the maximum TIG.  The memorandum
indicates she would become eligible for promotion upon her transfer to the
TPU except that she did not meet all qualifications at that time.  It
states that she was promoted to captain effective 12 February 1999 when she
met all requirements (by passing her APFT).  The memorandum does not
indicate specifically what qualifications she did not meet for the earlier
effective date.  She was granted defacto status, for pay purposes, in
accordance with Army Regulation 135-155, paragraph 3-18c for the period
1 February 1998 to 11 February 1999.

13.  The applicant's file was forwarded to the 2004 majors' promotion
board.  She was determined to have been ineligible based on her DOR of 12
February 1999. This board had a DOR requirement of 31 July 1998 or earlier.
14.  The applicant's file was forwarded to the 2005 majors' promotion board
with the applicant being selected for promotion to major with an effective
date of promotion and date of rank of 27 June 2005.

15.  Army Regulation 600-8-29 sets forth the policy and procedures used for
selection and promoting of active duty commissioned officers.  Paragraph 1-
12 states that an officer who is on a promotion list and is removed from
the active duty list prior to the effective date of promotion shall not be
promoted from the active duty list promotion list.

16.   Army Regulation 135-155 sets forth the policy and procedures used for
selecting and promoting Army National Guard and Army Reserve commissioned
officers and warrant officers other than general officers.

      a.  Paragraph 2-4 states that an officer on the active duty list who
has been selected for promotion but who has not been promoted by the time
the officer transfers to the Reserve active status list (RASL) in the same
competitive category, will be placed on an appropriate Reserve of the Army
promotion list.  The effective date of promotion and date of rank will be
the same as if the officer had been selected to the same grade by a
promotion board for RASL officers. However, the Secretary of the Army may
set the date of rank if he or she determines an inequity in the foregoing
procedure exists.

      b.  Paragraph 2-10 states that mandatory selection boards will
convene each year to consider ARNGUS and USAR officers for promotion to
captain through LTC.   These boards will consider officers for promotion
without regard to vacancies in the next higher grade and are to occur well
in advance of the date the officer will complete the TIG requirements in
tables 2-1 or 2-3, as appropriate.

      c.  Paragraph 4-11c, states that an officer's promotion is
automatically delayed when they have failed the most recent Army Physical
Fitness Test (APFT).  Or, through his or her own fault has not taken and
passed an APFT within the required period.

      d.  Paragraph 4-11c(10) states officers having a valid permanent or
temporary medical profile that precludes administration of the APFT are
deemed not to have taken the APFT through no fault of their own.

      e.  Paragraph 4-11d states a promotion will not be delayed under this
paragraph unless the officer is given written notice of the grounds for
delay before the intended date of promotion or as soon as possible
thereafter.  If promotion is delayed, the officer must be given an
opportunity to make a written statement to the Secretary of the Army for
their consideration.

      f.  Paragraph 4-11e states automatic delays under this provision will
be resolved within 6 months of the date the officer would have been
promoted.  An officer's promotion will not be delayed more than 6 months
unless the SA, or the Secretary's designee, grants a further delay.

      g.  Paragraph 4-12 states each Ready Reserve officer is required to
undergo a medical examination at least once every 5 years.  A partial or
temporary physical disability resulting from a disease, wound, or injury
will not disqualify an officer for promotion.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant had met all of the requirements for an active
component promotion and had been selected for promotion to captain, in the
active component, she lost her eligibility for this promotion when she
transferred to the USAR Control Group  (Reinforcement) prior to
finalization of the promotion and her effective date of promotion.
Therefore, a DOR of 1 February 1998 is not appropriate.

2.  The error in her promotion date was not discovered until her promotion
packet was being prepared for the 2004 major's promotion board.  A
determination was made that the earliest date that she could be afforded
was the date she assumed the duties of captain in the TPU, 23 November
1998, but that she was not fully eligible until 23 November 1999.

3.  Subsequent determinations were made that indicate the reason for her
ineligibility was that she had not passed an APFT due to being on a
profile.  Her DOR was administratively backdated to 12 February 1999 based
on receipt of additional information indicating she passed a modified APFT
on that date.

4.  The only disqualifying factor for her promotion, denoted in her
records, is that she had not passed an APFT due to being on profile.  Since
by regulation this factor will not disqualify an officer from being
promoted it is appropriate to show that the earliest date the applicant
could have been promoted to captain is the effective date she assumed her
duties as a captain in a TPU position, 23 November 1998.



5.  Therefore, it is appropriate to correct her records to show her date of
promotion and effective date of rank to captain as 23 November 1998 and
that she retains her de facto status for pay purposes for the period 1
February 1998 through 22 November 1998.

6.  It is noted that, in view of the DOR requirement of 31 July 1998, the
applicant still would have been ineligible for consideration fro promotion
to major by the 2004 promotion selection board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SK____  _BJE___  __RTD __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that the applicant was promoted to
captain with an date of promotion and an effective date of rank of 23
November 1998.

2.  The Board further determined that the applicant should retain her de
facto status, for pay purposes, as a captain for the period from 1 February
1998 through 22 November 1998.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a date of rank earlier than 23 November 1998.




                                  __     Stanley Kelley_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009117                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |DOR                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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