RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        DECEMBER 7, 2004
      DOCKET NUMBER:  AR2004101062


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. John E. Denning               |     |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 adjustment of his date of rank to 19 July 1999.


2.  The applicant states that the general rule to promote to major is 7
years from effective date of promotion to captain, as long as there is no
break in service.  He states that the justification for this correction
should be based on the effective date and date of rank to captain (which
for him is 1 July 1992), as well as his continued demonstrated potential
for increased responsibility.

3.  The applicant provides in support of his application a copy of orders
dated 9 June 1992, promoting him to the rank of captain; a copy of
memorandum dated 10 August 2000, promoting him to the rank of major; a copy
of his Certificate of Release or Discharge from Active Duty (DD Form 214);
a copy of orders dated 21 October 1999, ordering him to active duty in an
Active Guard/Reserve status; a copy of his Service School Academic
Evaluation Report (AER) for the Command and General Staff Officer Course; a
copy of his Service School AER for the Logistics Executive Development
Course; and a copy of his Officer Evaluation Report (OER) for the period
covering 21 May 2002 through 20 May 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the Reserve as a second lieutenant
effective 30 January 1987.

2.  He entered on active duty and was placed on the active duty list (ADL)
on 27 September 1988.  He was promoted to first lieutenant on 29 January
1990 and to captain on 1 July 1992.

3.  Based on the required 7 years time in grade, the maximum time in grade
date for his promotion to major was 30 June 1999, provided he was in the
USAR, and not on active duty.

4.  He was honorably separated from active duty on 27 November 1999 as a
result of being non-selected for a permanent promotion to major.  He was
transferred to the USAR Control Group (Reinforcement), on the Reserve
Active Status List (RASL).

5.  Verification was made by an official at the Army Reserve Personnel
Command, Officer Management Division, that the applicant was placed in a
major’s position on 28 November 1999, the date that he was entered into the
Active Guard/Reserve Program.

6.  The applicant was considered and selected for promotion to major by the
2000 Reserve Component Selection Board (RCSB).  This was the first RASL
promotion board he was eligible for past his MTIG date.  It convened from
7 March to 6 April 2000.  The President approved the results of the board
on 19 July 2000.  He was not eligible for consideration by an earlier
promotion board since he was on active duty until 27 November 1999.  The
1999 RCSB convened from 2 March to 2 April 1999, while he was on active
duty.

7.  The applicant was promoted to major with a date of rank and a promotion
effective date of 19 July 2000.

8.  In an application to this Board dated 15 January 2002, the applicant
requested that his records be corrected to show his effective date of rank
to major as 1 July 1999.  This Board denied his request on 7 May 2002.

9.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve Officers on the RASL.  This regulation specifies that
an officer is promoted after selection, if all qualifications are met.  An
officer selected by a mandatory promotion board that has a MTIG date before
the approval date of the board, the officer’s promotion date and effective
date will be no earlier than the date of approval of the mandatory board by
which recommended.  In no case will the date of rank or the effective of
promotion be earlier than the date that the board is approved.

10.  This regulation further specifies that an officer will not be
considered for a Reserve promotion unless in an active Reserve status not
later than the date a respective RCSB convenes to be considered by that
RCSB for a Reserve promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to an adjustment of his date of rank for
major to 19 July 1999.  He has not shown error or injustice for the
correction that he is requesting.

2.  The Board has noted the applicant’s contention that he should have a
date of rank of 19 July 1999, based on his completion of 7 years as a
captain.  The Board has also considered the level of his education.
However, the applicant was properly considered and not selected from
promotion to major in 1998 and 1999 while he was on the ADL.  He has
submitted no evidence to show that his non-selections for promotion were in
error.

3.  Subsequent to the applicant’s non-selections for promotion to major
while on active duty, and his separation from active duty on 27 November
1999, he was properly considered for a Reserve promotion by the 2000 RCSB,
the first board held after his separation and transfer to the RASL.  That
board convened from 7 March to 6 April 2000, and was approved by the
President on 19 July 2000.  He was promoted immediately, on 19 July 2000,
with a date of rank of 19 July 2000.  His date of rank for promotion and
his effective date for promotion are proper and there appears to be no
basis to change them at this time.

4.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

mdm_____  jdd_____  jbm_____  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.





                                  ___  _Mark D. Manning__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101062                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000.0000/PROMOTION                 |
|2.  315                 |131.0500.0000/DATE OF RANK              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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