RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20040009730


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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, promotion consideration to major
under the 2003 criteria or earlier for an earlier date of rank for major,
with entitlement to back pay and allowances.

2.  The applicant states that he was granted 2 years additional
constructive service credit from the Army Board for Correction of Military
Records (ABCMR).  This credit subsequently changed his date of rank for
captain to 3 June 1997.  He was considered by the April 2004 major
promotion board and promoted to major on 1 October 2004.  However, given
the change to his date of rank, he should have been considered by a
promotion board much earlier and have been promoted to major on 3 June
2003.  If his date of rank for major is not adjusted, it results in a delay
in his promotion to lieutenant colonel and in a significant financial loss,
as he would not receive retroaction pay for the 16 months in which he held
the rank of captain instead of major.

3.  In a statement, he also states that his date of rank for captain was
adjusted to 3 June 1997.  Despite his adjusted date of rank, he did not get
considered for promotion to major until April 2004 and was not promoted to
major until 1 October 2004.  It is his contention that his date of rank for
major should be adjusted to 3 June 2003 to appropriately reflect the 2
years of constructive service credit granted for his masters degree.

4.  The applicant provides a copy of his promotion orders for major; his
Curriculum Vitae; a personal statement in his own behalf; a copy of his
officer record brief; a memorandum of support from the Chief, Department of
Medicine, Brooke Army Medical Center, Fort Sam Houston, Texas; and a copy
of his ABCMR Proceedings.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the Regular
Army, Medical Corps, as a captain, effective 3 June 1999, with 4 years
constructive service credit.

2.  On 5 February 2003, he applied to the ABCMR requesting award of
additional constructive service credit.  On 20 May 2003, the ABCMR
recommended award of an additional 2 years constructive service credit
based on the applicant's Masters of Science degree in Zoology and
correction to his records to show he entered on active duty as a captain
with 6 years constructive service credit.

3.  On 8 March 2004, the Army Human Resources Command (AHRC) – Alexandria,
Virginia, issued Order No. 068-008, changing the applicant's date of rank
for captain to 3 June 1997.

4.  On 1 October 2004, the AHRC – Alexandria, issued Order No. 275-067,
promoting the applicant to major with a promotion effective date and date
of rank of 1 October 2004.

5.  In a memorandum, dated 27 October 2004, the Chief, Department of
Medicine, Brooke Army Medical Center, stated that he believed the applicant
had a valid concern that needed to be addressed and fully supported the
applicant's request.

6.  A staff member of the AHRC – Alexandria, advised the Board that the
above the zone dates of rank for the fiscal year 2002 medical corps major
promotion board was 1 October 1996 through 30 September 1997.  The above
the zone promotion zone for the fiscal year 2004 medical corps major
promotion board was 30 September 1998 and earlier and the promotion zone
was 1 October 1998 through 30 September 1999.

7.  Army Regulation 600-8-29, prescribes the policies and procedures for
the promotion of officers on the active duty list.  This regulation
specifies that promotion zones for Medical or Dental Corps will be
established to ensure that those in the zone, if selected, will be promoted
on the sixth anniversary of their date of rank.  Headquarters Department of
the Army will announce all promotions under this regulation in Army Human
Resources Command orders.

8.  Army Regulation 600-8-29 also specifies that promotion consideration/
reconsideration by a special selection board (SSB) may only be based on
erroneous non-consideration or material error that existed in the record at
the time of consideration.

9.  Title 10, United States Code, section 623 (Establishment of promotion
zones) specifies that before convening a selection board to consider
officers for promotion to any grade above first lieutenant, the Secretary
of the military department concerned shall establish a promotion zone for
officers serving in each grade and competitive category to be considered by
the board.  Such determinations shall be made on the basis of an estimate
of the number of officers needed in that competitive category in the next
higher grade in each of the next 5 years, the number of officers needed in
that competitive category in the next higher grade in each of the next 5
years, and the number of officers that should be placed in that promotion
zone in each of the next 5 years to provide to officers in those years
relatively similar opportunity for promotion.
DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
promotion consideration by a SSB under the fiscal year 2002 criteria based
on the adjustment to his date of rank for captain from 3 June 1999 to
3 June 1997.

2.  Based on his adjusted date of rank for captain to 3 June 1997, he was
eligible for promotion consideration to major by the fiscal year 2002
criteria and an earlier promotion effective date and date of rank for
major.  It would now be appropriate to submit his records for appropriate
SSB consideration for this purpose.

3.  In view of the foregoing findings and conclusions, it would be
appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

__RTD___  _LVB____  ___CLG   GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by submitting his record to a duly constituted SSB for promotion
consideration for major under the fiscal year 2002 criteria.

2.  That if selected, his records be further corrected by showing he was
promoted to major on his date of eligibility, as determined by appropriate
Departmental officials, using the fiscal year 2002 criteria.

3.  That if not selected, the applicant be so notified.




                                       _Curtis L. Greenway __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009730                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/06                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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