RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         4 OCTOBER 2005
      DOCKET NUMBER:  AR20040011250


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 to the grade of lieutenant
colonel be adjusted from 25 April 2004 to 18 September 2002, and that he be
granted all rights, privileges, and property effective on 18 September
2002.

2.  The applicant states that he was not considered for promotion by the
2001 Lieutenant Colonel Army Medical Department (AMEDD) Reserve Component
Selection Board because his records reflected that he was not educationally
qualified, despite sending his promotion packet by certified mail and
spending a week in St. Louis to ensure his records were accurate.
Nonetheless, the records section neglected to update his file.  The second
administrative error occurred because the Human Resources Command failed to
remove the retirement code from his records; consequently, he was not
considered for promotion by the 2002 Lieutenant Colonel AMEDD Reserve
Component Selection Board.  He took off a second week from work to ensure
the accuracy of his records.  The S1 notified him of the error while he was
deployed to Bosnia-Herzegovina.  He should not be penalized by the errors
made by the Human Resources Command.

3.  The applicant provides a copy of a 13 April 2001 notice to the
applicant stating that the had satisfactorily completed 50 percent of the
Command and General Staff Officers Course, a copy of an order transferring
him to the Retired Reserve, a copy of an order revoking the order
transferring him to the Retired Reserve, a copy of a Human Resources
Command notification to him that a Standby Advisory Board had recommended
him for promotion to lieutenant colonel with a date of rank of 18 September
2002, and a copy of a United States Army Reserve Command memorandum
promoting him to lieutenant colonel with a date of rank of 25 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an Army Reserve Medical Service Corps officer.  He was
commissioned a second lieutenant on 15 August 1982.  He was promoted to
major effective on 4 January 1995 with a date of rank of 14 December 1994.


2.  An officer evaluation report (OER) for the period 1 October 1999
through      30 September 2000 shows that the applicant, then a major, was
assigned to the 5501st Army Hospital in San Antonio.  His rating officials
considered him an outstanding officer, best qualified, who should be
promoted.

3.  On 21 December 2000 the Total Army Personnel Command at St. Louis
notified the applicant that he was considered but not selected for
promotion to lieutenant colonel.  The notification stated that his record
did not indicate that he had completed the required civilian and/or
military education by the convening date of the board.

4.  On 13 April 2001 the applicant was notified that he had satisfactorily
completed 50 percent of the Command and General Staff Officers Course.

5.  An 18 January 2002 Academic Evaluation Report (AER) indicates that the
applicant had completed the Command and General Staff Officers Course
(nonresident).

6.  An OER for the period 1 October 2001 through 28 February 2002 shows
that the applicant’s rating officials considered him to be an outstanding
officer, best qualified, who should be promoted.  The report shows that he
was above center of mass.

7.  On 26 April 2002 the Army Reserve Personnel Command published orders
assigning the applicant to the Retired Reserve effective 1 May 2002 because
of his non-selection for promotion.  On 3 May 2002 those orders were
revoked.

8.  On 3 July 2002 the applicant was ordered to active duty with his
Reserve unit. Orders published by the United States Army Infantry School at
Fort Benning, Georgia, show that the applicant was ordered to report to
Fort Benning on            1 August 2002 for onward movement to Bosnia.
The applicant was in Bosnia from 25 August 2002 to 15 March 2003.  He was
discharged on 13 April 2003.

9.  An OER for the period 1 August 2002 through 14 March 2003 shows that
the applicant, then a major, was assigned to Task Force Medical Eagle,
Eagle Base, Bosnia-Herzegovina.  The report shows that his rating officials
considered him an outstanding officer, best qualified, who should be
promoted.  The report shows that he was above center of mass.

10.  An OER for the period 15 March 2003 through 21 December 2003 shows
that the applicant, then a major, was assigned to the 5501st Army Hospital,
and that his rating officials considered him an outstanding officer, best
qualified, who should be promoted.  The report shows that he was above
center of mass.

11.  On 12 January 2004 the Human Resources Command at St. Louis notified
the applicant that a Standby Advisory Board, which convened on 18 June
2003, had considered him for promotion to lieutenant colonel using the
criteria established for the mandatory board which met in 2002, and that he
was recommended for promotion.  He was notified that a promotion letter
would be forwarded to him with a date of rank of 18 September 2002.  The
notification indicated that the earliest date of rank that he could have is
the Presidential approval date of the criteria year that he was recommended
under, and if he was in a position and met qualifications.

12.  On 28 April 2004 the Army Reserve Command notified the applicant that
he was promoted to lieutenant colonel effective and with a date of rank of
25 April 2004.

13.  In the processing of this case an advisory opinion was obtained from
the Human Resources Command at St. Louis.  The Chief, Promotions Branch
recommended that the applicant’s request be denied, stating that he was a
non select on the 2000 and 2001 selection boards because of a lack of
military education.  He stated that the applicant was omitted in 2002 and
subsequently went before a special board in June 2002 and was selected.  He
also stated that his office could not change a date of rank based on
administrative errors committed by the Army Human Resources Command;
however, the applicant could request another special board based on the
omission of his military education on the 2001 board.  He stated that the
applicant’s military education was completed on 13 April 2001 prior to the
board convening date of 30 May 2001.

14.  The applicant was furnished a copy of the advisory opinion on 22 June
2005 for his information and opportunity to submit a rebuttal.  He failed
to respond.

15.  Army Regulation 135-155 provides for the selection and promotion of
commissioned officers of the Army Reserve.  It states that mandatory
selection boards will convene each year to consider officers on the Reserve
active status list (RASL) for promotion to captain through lieutenant
colonel.  To qualify for selection to lieutenant colonel, majors must
complete 50 percent of the Command and General Staff Officers Course not
later than the day before the selection board convene date.  The maximum
time in grade requirement for promotion to lieutenant colonel is 7 years.

16.  Except as noted in parts of the above-mentioned regulation, the
effective date of promotion for commissioned officers may not precede the
date on which the promotion memorandum is issued.  Do not issue the
promotion memorandum before the date the promotion board results are
approved and confirmed by the Senate (if required).

17.  Special selection boards will reconsider commissioned officers who
were erroneously not considered for promotion by a mandatory promotion
board.  These boards are convened to correct an injustice to an officer who
was eligible for promotion but whose records through error, were not
submitted to a mandatory promotion selection board for consideration; or
contained a material error when reviewed by the mandatory selection board.
The Commander, Human Resources Command, may find that a material error
caused the nonselection of an officer by a promotion board.  That agency
must first determine that there is a fair risk that one or more of the
following circumstances was responsible, e.g., the record erroneously
reflected that an officer was ineligible for selection for educational or
other reasons, an officer’s military or civilian educational level, as
constituted in the officer’s record was incorrect, etc.

18.  If an officer is selected by a special selection board, the officer’s
date of rank and effective date of pay and allowances would be the same as
if the officer had been recommended for promotion to the grade by the
mandatory board that should have considered, or that did consider, the
officer.  Therefore, the officer may have a maximum time in grade date that
is before the approval date of the special selection board that recommended
the officer for promotion.  Example:  Provided Senate confirmation of the
1998 mandatory board result would, if required, have been obtained by that
date, an officer with a PED (promotion eligibility date) of 4 June 1999,
recommended under 1998 mandatory selection board criteria by a 2000 special
selection board would have a date of rank and effective date not later than
4 June 1999.

19.  The 2000 AMEDD Lieutenant Colonel Reserve Selection Board convened on
31 May 2000.  The applicant did not meet the military educational
requirements to be considered for promotion on that date.

20.  The 2001 AMEDD Lieutenant Colonel Reserve Selection Board convened on
30 May 2001.  The board results were approved on 23 October 2001.

21.  The 2002 AMEDD Lieutenant Colonel Reserve Selection Board convened on
28 May 2002.  The board results were approved on 18 September 2002.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was selected for promotion to lieutenant colonel by a
Standby Advisory Board under 2002 criteria with a date of rank of 18
September 2002,  the date of approval of the results of that board.
Notwithstanding the memorandum published by the Army Reserve Command, and
the advisory opinion from the Human Resources Command Promotions Branch,
the applicant’s date of rank and effective date of promotion should be 18
September 2002.   He should receive all due pay and allowances from that
date.
2.  The applicant was promoted to major with a date of rank of 14 December
1994.  He had 7 years time in grade on 13 December 2001.  He successfully
completed 50 percent of the Command and General Staff Officers course on
 13 April 2001, prior to the convening date of the 2001 AMEDD Lieutenant
Colonel Reserve Component Selection Board.  As indicated in the advisory
opinion by the Human Resources Command Promotions Branch, the applicant’s
military education, e.g., completion of 50 percent of the Command and
General Staff Officers course, was omitted from his records when viewed by
the 2001 board.  This omission may have caused the applicant to be not
selected for promotion by that board.  Consequently, in all fairness to the
applicant, his records should be submitted for consideration for promotion
to lieutenant colonel by a special selection board using the criteria
established for the mandatory board which met on 30 May 2001.

BOARD VOTE:

___MM__  ___LB___  __CD ___  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
showing that he was promoted to lieutenant colonel effective and with a
date of rank of 18 September 2002, with all due pay and allowances in the
grade of lieutenant colonel effective on that date; and by submitting his
records for consideration for promotion to lieutenant colonel by a special
selection board using the criteria established for the mandatory board
which met on 30 May 2001.




                                  ______Mark Manning_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011250                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|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.       |131.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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