RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 June 2005
      DOCKET NUMBER:  AR2004106309


      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:

|     |Ms. Karen Y. Fletcher             |     |Chairperson          |
|     |Mr. Kenneth L. Wright             |     |Member               |
|     |Mr. William D. Powers             |     |Member               |

      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, reconsideration of her request for
change to her major (MAJ) date of rank and consideration for promotion to
lieutenant colonel (LTC) by a Special Selection Board (SSB).

2.  The applicant states, in effect, that the regulation governing the
Active Guard Reserve (AGR) program provides for the lateral appointment
into the program without hindering the career development of the incumbent.
 She claims that not allowing her to accept her promotion to MAJ prior to
her entering into the AGR program has in fact hindered her opportunity to
stay on track with her peers on the 1997 Department of the Army (DA) MAJ
Reserve Components Selection Board (RCSB) selection list.  She also states
that the Army has established the MAJ date of rank for consideration for
promotion to LTC by the 2003 DA RCSB as 31 March 1998 and earlier.  She
claims she was eligible and qualified for promotion to MAJ on 1 November
1997 and her date of rank should be adjusted accordingly.

3.  The applicant further states that the promotion regulation states, in
pertinent part, that officers serving on active duty in an AGR status may
be promoted to or extended Federal recognition in a higher grade provided
the duty assignment of the officer requires a higher grade than that
currently held by the officer.  She claims that her AGR assignment orders
published on 25 February 1998 show she was assigned to the 90th Regional
Support Command in an authorized MAJ/0-4 position.  The applicant also
provides information on Soldiers in similar situations whose dates of rank
were adjusted by Human Resources Command (HRC) promotion personnel.  She
also states that the Board in its original conclusions stated that
promotion to LTC would require seven years of service as a MAJ and
adjusting her MAJ date of rank to 1 November 1997 would still not make her
eligible for promotion to LTC.  However, the Army announced the 2003 DA LTC
RCSB zone of consideration for promotion to LTC as 31 March 1998 and
earlier, which would include her had her MAJ date of rank been adjusted to
1 November 1997, as she is requesting.

4.  The applicant provides the following documents in support of her
application:  Memorandums of Support from the Deputy Commanding General,
Chief of Staff and Chief, Training Integration Branch United States Army
Reserve Command (USARC); HRC Calendar Year 2003 RCSB Schedule; Unit Manning
Report; and AGR Assignment Orders.
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003087557 on
4 September 2003.

2.  In its original conclusions, the Board found the applicant applied for
accession into the AGR program prior to the release of the 1997 DA MAJ RCSB
and elected to delay her promotion by the Troop Program Unit (TPU) in which
she was serving in order to proceed with her accession into the AGR
program.  Had she not elected this option, she would have been required to
wait one year before reapplying for accession into the AGR program as a
MAJ.

3.  The applicant’s record shows she was assigned to an authorized MAJ/0-4
position in the TPU she was serving in on 1 November 1997.  Orders Number
R-02-001153, dated 25 February 1998, issued by the United States Army
Reserve Personnel Command (ARPERSCOM), ordered the applicant to active duty
in the AGR program as a captain, effective 1 June 1998.

4.  In his supporting memorandum, the USARC Chief of Staff confirms that
although the applicant was accessed into the AGR program as a captain, at
no time was she ever a part of the captain’s AGR strength.  He states the
applicant “was laterally transferred into the AGR program as a promotable
MAJ and should have been afforded the opportunity to accept her promotion
on 1 November 1997”.  He further recommends the applicant be considered for
promotion to
LTC by a SSB using the criteria of the 2003 LTC DA RCSB.

5.  The supporting memoranda from other USARC leaders, which includes the
Deputy Commanding General, also confirm the applicant was eligible,
qualified, boarded and selected for promotion to MAJ by the 1997 RCSB and
verify she immediately began serving in an MAJ/0-4 position upon her entry
into the AGR program.

6.  Army Regulation 135-18 prescribes the policy and procedures for the
administration of the AGR program.  Paragraph 2-5 contains guidance on the
AGR accession process.  It states, in pertinent part, that Soldiers
promoted prior to AGR entry may be advanced in grade and skill level, and
considered for AGR duty at the higher grade without further board action,
consistent with the needs of the AGR program.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was selected for
promotion to MAJ by the 1997 RCSB and was eligible to be promoted 1
November 1997, when she assumed a MAJ/0-4 position in the TPU she was
serving in at the time.

2.  Although AGR advancement is not guaranteed, by regulation, Soldiers
promoted prior to AGR entry may be advanced in grade and skill level, and
considered for AGR duty at the higher grade without further board action,
consistent with the needs of the AGR program.

3.  In this case, as evidenced by the supporting memoranda from USARC
leaders, the applicant began serving in a MAJ position as soon as she
entered into the AGR program and was never counted against captain
strength.  As a result, it can reasonably be presumed that had the
applicant been promoted on
1 November 1997, prior to entering the AGR program, she could have been
advanced in the AGR program based on program needs, as confirmed by these
USARC leaders.

4.  Further, the evidence of record confirms the Army established the zone
of consideration for promotion to LTC by the 2003 DA RCSB as 31 March 1998
and earlier.  Therefore, had the applicant been promoted to MAJ on 1
November 1997, she would have been eligible for promotion consideration to
LTC by this board.

5.  In view of the facts of this case, although the applicant voluntarily
elected to delay her promotion to MAJ in order to ensure her accession into
the AGR program, it does not appear a request for her advancement in the
AGR program was ever properly considered.  As a result, it would serve the
interest of justice and equity to correct the applicant’s record to show
she was promoted to MAJ on 1 November 1997, and to provide her all back pay
and allowances due as a result of this change.

6.  It would also be appropriate to submit the applicant’s corrected record
to a SSB for consideration for promotion to LTC under the criteria used by
the
2003 DA RCSB.

BOARD VOTE:

___KYF _  ___KLW _  __WDP     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
amendment of the ABCMR’s decision in Docket Number AR2003087557, dated 4
September 2003.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by:

      a.  showing she was promoted to and establishing her major date of
rank as 1 November 1997 and providing her all back pay and allowances due
as a result;


      b.  submitting her corrected record to a Special Selection Board for
promotion consideration to lieutenant colonel under the criteria followed
by the 2003 Department of the Army, Lieutenant Colonel, Reserve Components
Selection Board; and


      c.  if selected for promotion to lieutenant colonel by the Special
Selection Board, by establishing her lieutenant colonel promotion effective
date and date of rank as if she had been originally selected by either the
2003 Department of the Army Lieutenant Colonel, Reserve Components
Selection Board and providing any back pay and allowances due as a result.






            ____Karen Y. Fletcher____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106309                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/07                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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