RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 November 2004
      DOCKET NUMBER:  AR2004102940


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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, credit for prior commissioned
officer service for date of rank (DOR) purposes.

2.  The applicant states, in effect, that he was promoted to first
lieutenant (1LT) on 23 May 1992, while serving on active duty and continued
to serve on active duty until being honorably released and transferred to
the United States Army Reserve (USAR) Individual Ready Reserve (IRR) on 1
August 1993.  He claims he was totally discharged from the USAR on 14
December 1994; however, he is unaware of the reason for his discharge.  He
claims that subsequent to his transfer to the IRR, he tried to find a Troop
Program Unit (TPU) position and when he finally found one, he was
reappointed a 1LT in the USAR on 2 July 2002.

3.  The applicant provides the following documents in support of his
application:  1LT Promotion Orders, Separation Document (DD Form 214), USAR
Discharge Orders, and 2002 Appointment Orders.

CONSIDERATION OF EVIDENCE:

1.  On 9 June 1989, the applicant was initially appointed a second
lieutenant (2LT) in the USAR and on 2 January 1991, he entered active duty
in this commissioned officer status.

2.  On 23 May 1992, the applicant was promoted to 1LT while still serving
on active duty.  On 1 August 1993, he was honorably released from active
duty (REFRAD) at the completion of his active duty obligation and was
transferred to the IRR.  On 14 December 1994, he was honorably discharged
from the USAR.

4.  On 2 July 2002, the applicant was reappointed a 1LT in the USAR.  The
appointment memorandum published by the United States Army Personnel
Command, St. Louis, Missouri, indicated that if the applicant was credited
with “years of service in an active status, the number of years, months and
days would be shown after D; however, the applicant is credited with no
prior commissioned officer service in the D portion of the promotion
memorandum.

5.  On 18 December 2002, he was released from the IRR and assigned to a
TPU, where he was still serving as of the date he submitted his application
to the Board.


6.  Army Regulation 135-100 (Appointment of Commissioned and Warrant
Officers of the Army) prescribes policy and procedures for the appointment
of commissioned and warrant officers in the Army National Guard of the
United States and the USAR.  Paragraph 3-7 (appointment grade and date of
rank) states, in pertinent part, that the entry grade and date of rank in
commissioned officer grades will be determined by the entry grade credit
awarded on appointment.

7.  The appointment regulation further states that the entry grade credit
awarded will be the sum of the prior commissioned service allowed.  It
further states that prior active commissioned service credit.  Credit for
prior service as a commissioned officer will be credited 1 year for each 1
year of commissioned officer service in an active status and periods of
less than one full year shall be proportionately credited.  Further, Table
3-3 stipulates that for 3 years or more, but less than 7 years of
commissioned officer service credit will authorize appointment in the grade
of 1LT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have received service credit
for date of rank purposes upon his 2002 appointment in the USAR was
carefully considered and found to have merit.

2.  The evidence of record confirms the applicant completed 5 years, 6
months and 5 days of qualifying commissioned officer service between 9 June
1989 and 14 December 1994.  Therefore, upon his 2 July 2002 appointment in
the USAR, he was entitled to be credited with 2 years, 6 months and 5 days
of prior commissioned officer service beyond that required for appointment
in the grade of 1LT.

3.  In view of the facts of this case, it would be appropriate to correct
the applicant’s record to show that upon his 2 July 2002 appointment in the
USAR, the applicant’s 1LT date of rank was established as 27 December 1999
based on the constructive service credit granted for his prior commissioned
officer service.

BOARD VOTE:

_MHM___  _JEA ___  _JKR ___  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 his first lieutenant date of rank is 27 December 1999.




            __MELVIN H. MEYER___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004102940                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/DD                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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