RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            4 May 2004
      DOCKET NUMBER:   AR20041005038


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 major be adjusted to
1999.

2.  The applicant states, in a letter addressed to the U. S. Army Reserve
Personnel Command, that his file should have been boarded for promotion to
major in March 1999 but due to an administrative delay during his
transition from active duty to Active Guard Reserve (AGR) status the
consideration of his eligibility fell between two personnel management
systems.  He was accepted into the AGR program prior to December 1998 and
was approved for release from active duty in December 1998.  He was not
eligible for the active duty promotion board because he had submitted his
resignation to facilitate his transition into the AGR program with no break
in service.  Unfortunately, the      U. S. Army Reserve (USAR) promotion
system could not board him with his appropriate reserve year group because
he had not yet transitioned into their program.  A correction to his date
of rank will provide him the opportunity to be promoted to lieutenant
colonel.

3.  The applicant provides a timeline; his Officer Record Brief; his active
duty captain promotion orders; his USAR major promotion orders; his AGR
active duty orders with amendment (correcting the spelling of his name); an
AGR Management Information System manning document printout; a DD Form 2648
(Preseparation Counseling Checklist); and an Involuntary Separation
Benefits information handout.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant was commissioned
in the USAR and entered active duty 16 October 1987.  He was promoted to
captain on 1 May 1992.

2.  The applicant was nonselected for promotion to major for the first time
by the Fiscal Year (FY) 1998 Major Promotion Selection Board.  Apparently
around September 1998 he requested release from active duty and applied for
entry in the AGR program.  He apparently was approved for an AGR tour in
October 1998.  He completed a DD Form 2648 on 7 December 1998.  This
document indicates that his expected separation date would be October 1999.

3.  Apparently, the USAR major promotion board convened on 2 March 1999.

4.  The FY 1999 active Army major promotion board convened on 20 (not 28)
April 1999 and adjourned on 19 May 1999.  The applicant was not selected
for
promotion for the second time.  He was offered selective continuation on
active duty for a period of three years but declined to accept the offer.

5.  On 25 September 1999, the applicant was released from active duty.  He
immediately reentered active duty in an AGR status.

6.  The applicant was promoted to major as a Reserve Commissioned Officer
of the Army in an AGR status effective 19 July 2000.

7.  Title 10, U. S. Code, section 14301(a) states that an Army officer is
eligible for consideration for [a Reserve] promotion by a promotion board
convened under section 14101(a) of this title only if (1) the officer is on
the reserve active-status list (RASL) of the Army; and (2) during the one-
year period ending on the date of the convening of the promotion board the
officer has continuously performed service on either the RASL or the active-
duty list (or on a combination of both lists).

8.  Army Regulation 600-8-29 (Officer Promotions) states, in pertinent
part, that an officer is eligible for consideration by a promotion
selection board if his or her established separation date does not fall
within 90 days after the date on which the board is convened.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his transition to an AGR status was
administratively delayed, resulting in his release from active duty in
September 1999 and thereby preventing the March 1999 USAR major promotion
board from considering him, is noted.  There is no evidence of what caused
the administrative delay and the applicant does not state although
presumably it was due to there being no available AGR vacancy he could fill
until September 1999.

2.  It is noted that the applicant was eligible for, was considered by, but
not selected for promotion by the FY 1999 active Army major promotion board
which convened on April 1999.

3.  Reserve promotion eligibility is governed by statute.  The applicant
met the second requirement for promotion consideration by the March 1999
USAR major promotion board -- performing continuous service for at least
one year on a combination of both the RASL and the active-duty list.
However, he did not meet the first requirement – to be on the RASL.  Both
requirements had to be met for him to be eligible for consideration by the
March 1999 board.

4.  There is insufficient evidence on which to base granting the relief the
applicant requests.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sk____  __jrs___  __wdp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.




            __Stanley Kelley______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105038                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040504                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |