RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 NOVEMBER 2005
      DOCKET NUMBER:  AR20050000605


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia Trimble                 |     |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, that the effective date of his
promotion to the rank of first lieutenant be corrected from 22 June 1998 to
10 May 1998.

2.  The applicant states that he met the qualifications for promotion and
that his request for promotion was forwarded to his next higher command in
February 1998.  However, the promotion packet was held and not forwarded to
the National Guard Bureau until 22 May 1998.  As such, his federal
recognition orders were not published until 22 June 1998 thereby denying
him the early effective date.

3.  He states that he discovered the injustice when he submitted his
promotion packet for promotion to captain and was subsequently informed
that the cut-off date for the November 2001 captain promotion board was
limited to first lieutenants with an effective date of promotion on or
before 30 May 1998.

4.  The applicant provides a copy of his academic evaluation report showing
completion of the Officer Basic Course in February 1998, copies of the
documents transmitting his certification and promotion packet, state orders
promoting him to first lieutenant, and a copy of this 22 June 1998 Federal
recognition orders to first lieutenant.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was commissioned
as a second lieutenant in the United States Army Reserve on 10 May 1996 and
was appointed as a second lieutenant in the Kentucky Army National Guard on

14 February 1997.

2.  In February 1998 he successfully completed the Armor Officer Basic
Course at Fort Knox, Kentucky.

3.  According to a transmittal record (Department of the Army Form 200) a
copy of his course completion certificate and the document awarding him his
primary specialty were forwarded from the applicant's unit located at Fort
Knox to the state Adjutant General of Kentucky on 8 March 1998.  The
transmittal record notes the documents were received on 19 March 1998.

4.  A second transmittal record indicates the applicant's officer promotion
packet was forwarded from his unit to the state Adjutant General of
Kentucky on 26 May 1998.
5.  Orders issued by the Department of Military Affairs, Boone National
Guard Center, in Frankfort, Kentucky promoted the applicant to first
lieutenant effective 3 June 1998.  However, the order was subsequently
annotated to indicate the promotion was effective on 22 June 1998.  Those
orders indicated that the applicant would not be paid nor wear the insignia
of a first lieutenant until Federal recognition was confirmed.

6.  Orders issued by the National Guard Bureau extended Federal recognition
to the applicant as a first lieutenant effective 22 June 1998.  His
promotion as a Reserve Commissioned Officer of the Army for service in the
Army National Guard of the United States was also effective on 22 June
1998.

7.  In the processing of this application an advisory opinion was obtained
from the National Guard Bureau.  The opinion repeated the applicant's
arguments and then noted the minimum time in grade for promotion from
second lieutenant to first lieutenant was 24 months.  They concluded the
applicant met all of the required qualifications at that time and that his
promotion to first lieutenant should have been effective on 10 May 1998.
The opinion recommended the applicant's date of rank be adjusted from 22
June 1998 to 10 May 1998.  The applicant was provided an opportunity to
respond to the opinion and concurred on 17 June 2005.

8.  Under the Reserve Officer Personnel Management Act officers in the Army
National Guard who have completed an Officer Basic Course and have 2 years
time in grade as a second lieutenant are eligible for promotion to the
grade of first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence provided by the applicant does not confirm his
allegation that his request for promotion was in fact forwarded and
received by his higher command in February 1998 and subsequently held until
22 May 1998, the evidence does confirm that he was qualified for promotion
to first lieutenant on 10 May 1998.

2.  In view of the fact that the applicant did meet the requirements for
promotion to first lieutenant on his eligibly date of 10 May 1998 and the
recommendation by the National Guard Bureau that his date of promotion be
adjusted, the Board concludes it would be appropriate and in the interest
of justice to grant the relief requested.  As such, the applicant's state
Army National Guard records and the Department of the Army records of the
individual concerned should be corrected to show that he was promoted to
first lieutenant as a National Guard Officer, and as a Reserve Commissioned
Officer of the Army for service in the Army National Guard of the United
States, effective 10 May 1998 and granted Federal Recognition that same
date.

BOARD VOTE:

__SK ___  __DA ___  __DT ___  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 the
state Army National Guard records and the Department of the Army records of
the individual concerned be corrected, as appropriate, by showing he was
promoted to first lieutenant as a National Guard Officer, and as a Reserve
Commissioned Officer of the Army for service in the Army National Guard of
the United States, effective 10 May 1998 and granted Federal Recognition
that same date.





                                  ______Stanely Kelley_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000605                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|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.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]