RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20040009851


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 he be considered for promotion
to Captain under the criteria used for the Fiscal Year (FY) 1994 Captain
Reserve Component/Army Promotion List (RC/APL) board of November 1993 and,
if selected, adjustment in his dates of rank to Captain (CPT) and Major
(MAJ).

2.  The applicant states that he was omitted from promotion consideration
by the FY 1994 Captain RC/APL board.

3.  The applicant provides:

      a.  A memorandum from Headquarters, US Army First ROTC Region, dated
9 May 1987, appointing him a Second Lieutenant (2LT) on 9 May 1987.

      b.  A memorandum from US Total Army Personnel Command, dated 27 March
1990, promoting him to First Lieutenant (1LT) effective 26 May 1990.

      c.  A memorandum from Headquarters, US Army Reserve Command, dated 24
October 1995, promoting him to CPT with an effective date of 26 August 1995
and a date of rank of 26 May 1994.

      d.  A "corrected copy" memorandum from Headquarters, US Army Reserve
Command, dated 4 December 1995, promoting him to CPT with an effective date
of 15 November 1995 and a date of rank of 26 May 1995.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a US Army Reserve (USAR) Major serving on active duty
in an Active Guard/Reserve (AGR) capacity.

2.  Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and
Warrant Officers Other Than General Officers) prescribes policy and
procedures used for selecting and promoting commissioned officers (other
than commissioned warrant officers) of the Army National Guard (ARNG) and
of commissioned and warrant officers (WO) of the USAR.  At the time in
question, the regulation provided that USAR officers would be promoted to
1LT after a maximum of 3 years time in grade (MTIG) as a 2LT, and promoted
to CPT after an MTIG of 4 years in grade as a 1LT.  If an officer is not
promoted, reconsideration will occur on the 1-year anniversary of the MTIG
date.

3.  AR 135-155 also mandates other qualifications for promotion, including:

      a.  Position – Soldier must be assigned to a valid higher grade
position.  If unable to locate a valid higher grade position, the Soldier:
may request a delay of promotion up to 1 year from the date the promotion
board is released, or 1 year from the Soldier's promotion eligibility date,
whichever is later; may decline promotion [however, a declination serves as
a first or second non-selection for promotion]; or may transfer to the IRR
and be promoted as an IRR Soldier.

      b.  Physical Examination – Soldier must have a physical examination
on record within five years of the date of promotion.

      c.  Annual Physical Fitness Test (APFT) – Soldier must pass the APFT
within 12 months of the date of promotion.  This is waived only if a
medical profile precludes taking a regular or alternate APFT, and Soldier's
last APFT was not expired or failed at the time the profile was in effect.

      d.  Height and Weight Standard – Soldier must meet weight standards
as prescribed by AR 600-9 within 12 months of the date of promotion.

      e.  Security Clearance – Soldier must possess, as a minimum, Secret
clearance.

      f.  Flag – Soldier cannot be promoted with any flagged entries in the
database.

4.  The record shows that the applicant was promoted to 1LT on 26 May 1990,
making his MTIG date for promotion to CPT 25 May 1994.

5.  The record indicates the applicant was considered for promotion to CPT
in November 1993.  It also shows that he was selected for promotion to CPT
by a promotion board that met from 15 November – 16 December 1994.

6.  There are two promotion memorandums in the applicant's record, both
issued by Headquarters, United States Army Reserve Command (USARC),
Atlanta, Georgia.  The first memorandum, dated 24 October 1995, shows an
effective promotion date of 26 August 1995 and date of rank of 26 May 1994.
 The second memorandum, dated 4 December 1995 and labeled "CORRECTED COPY,"
shows an effective date of promotion of 15 November 1995 and a date of rank
of 26 May 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has presented no evidence to support his request that he
be granted promotion consideration by the Fiscal Year (FY) 1994 Captain
Reserve Component/Army Promotion List (RC/APL) board of November 1993 and,
if selected, that his date of rank to CPT be adjusted accordingly.

2.  The applicant's electronic record contains an entry that he was
considered for promotion by the November 1993 promotion board.

3.  Although not specifically stated in the record, it would appear the
applicant was considered and not selected for promotion to CPT in November
1993.  He then was reconsidered in November 1994 and selected.  This would
account for the 1-year change in his date of rank from 26 May 1994 to 26
May 1995.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __alr___  __lds___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009851                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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