RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20040009909


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 his date of rank (DOR) to
colonel and his Federal Recognition be corrected to show the effective date
31 March 2004.

2.  The applicant states that promotion orders and Federal Recognition
orders should have been published with an effective date of 31 March 2004,
as the result of his being selected by the 2004 Department of the Army
Special Selection Board .  The applicant further states that the memorandum
he received informed him that his DOR would be 31 March 2004; however, he
was not federally recognized until 28 June 2004.

3.  The applicant provides a letter from the Army Review Boards Agency in
Saint Louis, dated 20 September 2004; a DD Form 149 (Application for
Correction of Military Record) dated 18 August 2004; State of Vermont
Orders 145-003, dated 24 May 2004; a memorandum from the Vermont Chief of
Staff, dated 19 August 2004; National Guard Bureau Federal Recognition
Orders Number 136 AR, dated 3 June 2004, National Guard Bureau Federal
Recognition Orders Number 140 AR, dated 8 June 2004, National Guard Bureau
Federal Recognition Orders Number 161 AR, dated 28 June 2004; a memorandum
from the National Guard Bureau, dated 28 June 2004, and a compact disk
containing his military personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed as a second
lieutenant in the Vermont Army National Guard (VTARNG) on 8 June 1981.  He
is currently serving as a colonel in the VTARNG.

2.  On 8 July 2003, a Department of the Army Reserve Components Mandatory
Selection Board convened to consider the applicant for promotion to
colonel.  This board adjourned on 1 August 2003 and the President approved
the board on 20 November 2003.  The applicant was not selected for
promotion by this board.

3.  The Secretary of the Army determined that the 2003 colonel board was
not given a high enough quota and he directed a Special Selection Board
(SSB) be held.  The SSB convened on 17 March 2004, adjourned on 31 March
2004 and was approved by the President on 4 May 2004.  The applicant was
selected by this board.

4.  The SSB was directed to use the Senate Confirmation date of the 2003
colonel board as the earliest possible date of rank.  This board was Senate
confirmed on 31 March 2004.

5.  The Unit Manning Report, dated 25 February 2004, shows that the
applicant was assigned to a colonel (O6) position.

6.  State of Vermont Orders 050-005 dated 19 February 2004, show that the
applicant was assigned to a colonel (O6) position.

7.  VTARNG Orders Number 145-003, dated 24 May 2004, promoted the applicant
to colonel effective 31 March 2004.

8.  On 28 June 2004, the applicant was notified by the National Guard
Bureau that he was promoted to the rank of colonel.  This letter also
stated that his "date of rank is the same as if (he) had been recommended
by the selection board which did not recommend (him)."

9.  National Guard Bureau Federal Recognition Special Orders Number 136 AR,
dated 3 June 2004, shows that the applicant was granted permanent Federal
Recognition in the grade of colonel with an effective date of 3 June 2004.

10.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  The regulation provides that mandatory
selection boards will be convened each year to consider Army Reserve
Officers in an active status for promotion to captain through lieutenant
colonel.

11.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that promotion
reconsideration by a standby promotion advisory board may only be based on
erroneous nonconsideration or material error which existed in the record at
the time of consideration.  Material error in this context is one or more
errors of such a nature that, in the judgment of the reviewing official (or
body), it caused an individual's nonselection by a promotion board and,
that had such error(s) been corrected at the time the individual was
considered, a reasonable chance would have resulted that the individual
would have been recommended for promotion.  The regulation also provides
that boards are not required to divulge the proceedings or the reason(s)
for nonselection, except where an individual is not qualified due to
noncompletion of required military schooling.

12.  Section 14514 of Title 10 governs special selection boards and
correction of errors.  Subsection 14502e(2) states that an officer who is
promoted to the next higher grade as the result of a special selection
board convened under this section shall, upon such promotion, have the same
date of rank, the same effective date for the pay and allowances of that
grade, and the same position on the reserve active-status list as the
officer would have had if the officer had been recommended for promotion to
that grade by the selection board which would have considered, or did
consider, the officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to colonel should have
been 31 March 2004 and that he should have been granted permanent Federal
Recognition with an effective date of 31 March 2004 based on the fact that
it would have been his date of rank if he had been selected by the original
board.

2.  Records show that the applicant was recommended for promotion to the
grade of colonel, effective 31 March 2004, by a Department of the Army
Special Selection Board.

3.  Records further show that the applicant was in a position authorized
for the grade of colonel and met all other requirements for promotion to
the grade of colonel.  Therefore, the applicant is entitled to correction
of his records to show that he was promoted to colonel with the effective
date of rank of 31 March 2004.

BOARD VOTE:

__mhm___  __jtm___  __jbg___  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:

      a.  showing that the applicant was promoted to colonel with an
effective date of 31 March 2004;


      b.  amending Federal Recognition Order Number 136 AR to show that he
was extended permanent Federal Recognition effective 31 March 2004; and


      c.  that he be paid all pay and allowances due him based on his
corrected date of rank to colonel.





                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON


INDEX

|CASE ID                 |AR20040009909                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |125.0200                                |
|2.                      |131.0400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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