RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050000707


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 her date of rank (DOR) as a First Lieutenant
(1LT) be changed from 10 December 2004 to 11 May 2003.

2.  The applicant states she was eligible for promotion to 1LT on 11 May
2003, but was not promoted until 10 December 2004.  She adds that she was
led to believe by NMARNG personnel managers that she required Officer Basic
Course (OBC) completion in order to be promoted, but she later learned this
was not true in her case because she was an Early Commissioning Program
(ECP) graduate.

3.  The applicant provides copies of pertinent personnel records.

CONSIDERATION OF EVIDENCE:

1.  The applicant graduated from the New Mexico Military Institute,
Roswell, New Mexico ECP and was appointed a Second Lieutenant on 11 May
2001 by the US Army Cadet Command, Fort Monroe, Virginia per Orders Number
128-67, dated 8 May 2001.  She was assigned to the United States Army
Reserve (USAR) Control Group (Officer Active Duty Obligor, OADO).

2.  On 24 June 2001, the applicant transferred from the USAR to the New
Mexico Army National Guard (NMARNG) per Special Orders Number 214 AR issued
by Headquarters, National Guard Bureau (NGB) on 6 August 2001.  This order
extended Federal Recognition effective 24 June 2001.

3.  The NMARNG issued Orders 293-017, dated 19 October 2004, promoting the
applicant to 1LT effective 10 December 2004.  Special Orders Number 308 AR,
dated 10 December 2004, extended Federal Recognition effective 10 December
2004.

4.  The Reserve Officer Personnel Management Act (ROPMA) states that
promotion from 2LT to 1LT will take place after 2 years of commissioned
service, the minimum time-in-grade and the mandatory time-in-grade for
promotion board selection.  It requires that promotion packets be forwarded
90 days prior to the officer's 2-year mark.  It further provides that the
only real way to be found not qualified for promotion to 1LT is to not have
completed an OBC.  However, OADO officers (including ECP participants) are
exempt from this requirement as a prerequisite for promotion.

5.  In the processing of this case, an advisory opinion was obtained from
the Chief, Personnel Division, NGB which states that the applicant was not
properly advised by her unit personnel center and her promotion packet was
not prepared in a timely manner.  The advisory opinion recommends adjusting
the applicant's DOR to 1LT to 11 May 2003.  The applicant was provided an
opportunity to respond to the advisory opinion and concurred.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed a 2LT on 11 May 2001.  Special Orders
Number 214 AR, Headquarters, NGB erroneously advanced Federal Recognition
effective 24 June 2001.  The order should be corrected to advance Federal
Recognition effective 11 May 2001.

2.  ROPMA states that promotion to 1LT will take place after 2 years of
commissioned service and completion of OBC, unless the officer is an OADO
(including ECP participants).  Such officers may be promoted to 1LT before
completing the OBC requirement.

3.  The applicant's 1LT promotion packet, through no fault of the
applicant, was not prepared in a timely manner by the NMARNG.
Consequently, her promotion to 1LT, which should have occurred on 11 May
2003 in accordance with the provisions of ROPMA, did not occur until 10
December 2004.  Thus Special Orders Number 308 AR, Headquarters, NGB should
be corrected to reflect 11 May 2003.  Likewise, NMARNG Orders 293-017,
dated 19 October 2004, should be corrected to reflect a promotion date of
11 May 2003.

BOARD VOTE:

___ji___  __wfc___  __gjp___  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

      a.  Amending Special [Federal Recognition] Orders Number 214 AR,
Headquarters, NGB to show that she was extended Federal Recognition
effective 11 May 2001 in the grade of 2LT.

      b.  Amending NMARNG Orders 293-017, dated 19 October 2004, to reflect
a promotion date of 11 May 2003 and Special [Federal Recognition] Orders
Number 308 AR, Headquarters, NGB to show that she was extended Federal
Recognition effective 11 May 2003 in the grade of 1LT with an effective
date of rank 11 May 2003.



                                        John Infante
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000707                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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