RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040009904


      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. W. W.Osborn, Jr.              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 date of rank as a captain be corrected.


2.  The applicant states that he was in a mobilized unit that had only one
captain's position, the commanding officer's.  At the time he was
mobilized, his qualifications [Height/Weight, Army Physical Fitness Test
(APFT) and physical examination] were all up to date.  Of course, he also
completed weighing and taping and the APFT while at the Officer Advanced
Course, but there was no time to schedule a physical examination.  The
earliest he could be transferred to a captain's position as 11 July 2004.

3.  The applicant provides copies of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the mobilization period, his
promotion memorandum and an official webpage explanation of the new
promotion policy for deployed unit officers.

CONSIDERATION OF EVIDENCE:

1.  After approximately 8 years of Army Reserve (USAR) enlisted service the
applicant completed the Reserve Officer Training Corps requirements and was
appointed a Reserve second lieutenant in September 1996.  He was promoted
to first lieutenant on 4 November 1999.

2.  The applicant's unit was mobilized in support of Operation Enduring
Freedom/Iraqi Freedom on 3 February 2003.  He was selected for promotion by
the 2003 Reserve Components Selection Board and the board results were
approved by the President on 11 March 2004.

3.  The applicant returned to the United States and completed the
Quartermaster Officer Advanced Course from 26 October through 7 November
2003 and then returned to Iraq.  He was released from active duty on 15 May
2004 and promoted to captain on 14 July 2004.

4.  On 17 December 2003, the Assistant Secretary (M&RA) established
promotion policy for mobilized Reserve Component Officers for promotion to
the grade of captain through colonel.  This policy applies to all Reserve
Component commissioned officers (IRR and Selected Reserve) on the RASL.
The policy
provides an exception to Army Regulation 135-155, paragraph 4-9a, which
requires TPU officers selected by a mandatory promotion board be assigned
or attached to a Reserve position requiring the higher grade.  A mobilized
officer covered by this policy who had been recommended for promotion may
be promoted immediately when matched against a vacant position of the
higher grade.  An officer promoted under this policy should be assigned to
that position against which the officer was matched or appointed within 180
days after demobilization.  If an officer, upon demobilization, declines or
is unwilling or unable to occupy the position against which the officer was
matched or appointed, then the officer, whether a member of the USAR or
Army National Guard, shall be transferred immediately to the IRR if the
officer was not assigned to some higher graded Reserve Component position
within 180 days after demobilization.  Any proposed guidance to implement
this policy memorandum that will be issued by the CAR, or the Director,
Army National Guard, must be coordinated with the Deputy Chief of Staff,
G1, and approved by the Assistant Secretary of the Army (M&RA).  The policy
did not allow for retroactive promotion of mobilized TPU officers prior to
17 December 2003.

4.  Chief Warrant Officer Four E____ of the 63rd Reserve Readiness Command,
Los Alamitos, California indicated in a telephone call that the captain's
position to which the applicant is currently assigned was vacant on 11
March 2004.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name appeared on an approved promotion while he was
mobilized in support of operations in Iraq.

2.  His completion or the advanced school clearly demonstrates that he met
the Height/Weight, Army Physical Fitness Test requirements.  Also,
completion of that course plus satisfactory performance of his mobilization
duties and passing a physical examination after demobilization demonstrates
that he was physically qualified.

3.  The applicant could have been promoted on 11 March 2004 had there been
a vacant position in his deployed unit.  In light of the new promotion
policy he should have been matched up with the vacant position he now
occupies and promoted on that date.

4.  The applicant's date of rank and effective date as a captain should be
changed to 11 March 2004 and he should be authorized any back pay accruing.


BOARD VOTE:

__REB___  __LF__ _  __LMD _  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
correcting his date of rank and effective date as a captain to 11 March
2004 and by authorizing any back pay and allowances accruing.




                                  _      Ronald E. Blakely________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009904                           |
|SUFFIX                  |                                        |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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