RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040009514


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 records be corrected by promoting him
to the grade of Major, with a date of rank of 29 April 2002.

2.  The applicant states that no orders were published promoting him to
major as stated in a memorandum from Human Resources Command – St. Louis,
because his physical examination was not in the system and did not show he
was qualified for duty.

3.  The applicant provides copies of his medical examination and laboratory
results, his notification of promotion status, and his promotion
qualification statement, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the United States Army Reserve on 18 May
1988, in the grade of Second Lieutenant.  He was promoted to the grades of
First Lieutenant and Captain on 1 March 1991 and 30 April 1995,
respectively.

2.  Orders H-07-901487, dated 20 July 1999, authorized the applicant to
perform inactive duty training on 29 July 1999, for the purpose of
receiving a periodic physical examination.  Additional instructions
included in his orders noted that the medical facility performing the
examination should forward the completed examination to the U.S. Army
Reserve Personnel Command to update his medical files.  The applicant
completed his physical examination on 29 July 1999, and was determined to
be qualified for duty.

3.  On 23 August 2001, the applicant was notified that he had been selected
for promotion by a Department of the Army Reserve Components Selection
Board that convened on 26 March 2001.  His promotion eligibility date to
Major was
29 April 2002.  His notification letter stated that to be promoted he must
remain in an active status, have a current security clearance, be medically
qualified for retention and meet the standards of the Army Body Composition
Program in Army Regulation 600-9.

4.  On 8 August 2003, during processing for a new assignment it was
discovered that he was still being shown as a Captain and not a Major.
Further investigation discovered that his promotion had been delayed
because his July 1999 physical examination was not in the system.  The
applicant was no longer a member of the IRR and was told that the Army
Reserve Personnel Command could promote him, but did not have the authority
to back date his date of rank to 29 April 2002.
5.  The applicant’s 29 July 1999, periodic physical examination showed the
applicant was qualified for duty and had a height and weight of 75 inches
and 240 pounds.  His 20 August 2003 promotion qualification statement
indicated that his 3 May 2003 physical examination showed his height as 74
inches and his weight as 207 pounds.

6.  During the processing of this case an Advisory Opinion was obtained
from the U.S. Army Human Resources Command – St. Louis, which recommended
that the applicant’s request be denied.  The opinion acknowledged that the
applicant did have a physical examination in July 1999, but stated that the
applicant’s request did not include all the pages of the medical
examination, and that he would have to provide proof that he was medically
qualified and met the standard of the Army Body Composition Program to be
promoted to Major and have his date of rank changed to 29 April 2002.

7.  The applicant was provided a copy of the advisory opinion and submitted
a
rebuttal.  In his rebuttal the applicant discusses conversations he had
with various offices within the U.S. Army Human Resources Command - St.
Louis that informed him that the back page of his Standard Form 88 (Report
of Medical Examination) was missing when the Army Board for Correction of
Military Records (ABCMR) requested an Advisory Opinion which prompted their
response.  He also spoke with an individual from the Officer Promotions
Section, who verified that his papers were in order and that he could be
promoted once the ABCMR Board gave them the authority to do so.  He was
also informed that it was an administrative error and was no error on his
part, that after 2 years the system should have been updated to show his
July 1999 physical examination.  The applicant further states that he was
qualified for duty when he left active duty in 1994, when he completed his
July 1999 physical examination, on his April 2002 promotion date, and on
his latest physical examination in May 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was instructed to complete a periodic physical
examination on 29 July 1999.  He complied with the request, and was
determined to be “qualified for duty.”  Notwithstanding the fact that his
July 1999 physical examination showed he exceeded the height and weight
standards of Army Regulation 600-9, there is no indication that in April
2002 (nearly 3 years later) that he was not in compliance with the Army’s
weight control standards.  There is no evidence that in April 2002 the
applicant was flagged or entered into the Army Weight Control Program as a
result of not being in compliance.  It is just as possible that the
applicant’s May 2003 weight was also his weight a year earlier.

2.  It would be unfair at this late date to presume that the applicant was
not in compliance with Army Regulation 600-9 in 2002, simply because his
weight exceeded the weight table on a 1999 physical examination.  It would
be reasonable to conclude that when he was found qualified for duty in July
1999 that also implied that he was in compliance with the weight standards
in spite of his weight exceeding the weight table.

3.  The applicant was selected for promotion to Major with a promotion
eligibility date of 29 April 2002, however due to no fault of his own, his
promotion was withheld because the system had not been updated to reflect
his 29 July 1999 physical examination which showed he was medically
qualified for duty.

4.  Based on the foregoing information it would be appropriate and in the
interest of the justice, to corrected the applicant's records to show he
was promoted to grade of Major, with a date of rank of 29 April 2002.

BOARD VOTE:

___JS___  __EA ___  __CK ___  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
promoting him to the grade of Major, with a date of rank of 29 April 2002
with entitlement to all pay and allowances.




                                  ______ John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009514                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|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.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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