RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050000975


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 adjustment to her date of rank (DOR) for captain
from 20 August 2000 to 25 June 1999.

2.  The applicant states, in effect, that her DOR should be adjusted to a
date that reflects a maximum of 7 combined years of service as a
lieutenant.

3.  The applicant provides her ARPC Form 155-R (Promotion Qualification
Statement), copies of her completion documents for the officer basic course
and baccalaureate degree, her DA Form 873 (Certificate of Clearance and/or
Security Determination), and the Unit Manning Report for the 3rd Battalion,
4th Brigade, 91st Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was appointed in the
United States Army Reserve, Medical Services Corps, as a second lieutenant
effective 9 May 1992.  She was promoted to first lieutenant effective 29
May 1995.

2.  Her ARPC Form 155-R and Unit Manning Report for the 3rd Battalion, 4th
Brigade, 91st Division, verifies that she was assigned to a captain's
position effective 21 September 1997.

3.  Based on the maximum of 7 combined years of service as a lieutenant,
her maximum years of service in grade (MYIG) for promotion to captain was
8 May 1999.

4.  The applicant was considered and selected for promotion to captain by
the 2000 Army Medical Department (AMEDD) Reserve Components Selection Board
(RCSB), which convened on 11 January and recessed on 4 February 2000.  The
President approved the board results on 25 June 2000.  She was promoted to
captain effective 20 August 2000.

5.  The applicant's records show that she completed the required military
and civilian education for promotion prior to being promoted to captain and
prior to her eligibility (MYIG) date.  The Promotion Qualification
Statement and DA Form 873 submitted by the applicant verified her active
status, medical qualification, and security clearance for promotion
purposes.

6.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the Army Board for Correction of Military Records (ABCMR) which
could adjust DOR’s for those who were first-time considered and selected
for promotion to captain, after having served more than 7 combined MYIG as
a lieutenant.

7.  The Reserve Officer Personnel Management Act (ROPMA) prescribed the
policies and procedures to consolidate and modernize the laws governing the
management of Reserve component officers.  ROPMA specified that a second
lieutenant (2LT) serve a MYIG of 2 years before promotion to first
lieutenant (1LT), and a 1LT serve a MYIG of 5 years before promotion to
captain.  The Reserve Officer Personnel Act in effect prior to ROPMA
required completion of 3 years as a 2LT and 4 years as a 1LT before
promotion to captain.

8.  ROPMA further specifies that the officer must be serving in a position
requiring the higher grade or assigned to the Individual Ready Reserve or
an Individual Mobilization Augmentee position.  Promotion policy also
requires completion of the necessary military education (officer basic
course) and civilian education (baccalaureate degree).

9.  The ROPMA promotion boards for captains were administratively delayed.
The Presidential approvals of the results of the pertinent promotion boards
were also administratively delayed.  Based on normal processing, they
should have been convened earlier and approved approximately 100 days after
the respective recess dates.  Based on the normal processing the 1999 AMEDD
RCSB, which convened on 11 January and recessed 5 February 1999 should have
been approved on 15 May 1999.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment to her promotion effective date and date of rank for captain
to 15 May 1999, the date final board action occurred on the 2000 AMEDD RCSB
for promotion on or before her MYIG date.

2.  Although the applicant was selected for promotion to captain the first
time she was considered after the enactment of ROPMA, the untimely delay of
her promotion created an injustice that should now be corrected.

3.  The applicant is otherwise qualified for promotion to captain, with an
adjusted DOR, as determined by her appropriate commander/manager, and met
all other prerequisites for promotion on 15 May 1999.

4.  The applicant was precluded from equitable promotion, unlike others in
her grade in earlier and later year groups who were considered before and
after her, and was unjustly promoted well after her eligibility.  She was
eligible for promotion on or before her MYIG date.  She was unjustly
required to serve in grade beyond the 7 years required by ROPMA and denied
a timely consideration.  The further delay for promotion board proceeding
preparation and processing for Presidential approval compounded the unfair
circumstances.  It is concluded therefore, that had she been timely
considered for promotion prior to her MYIG date, and based on her first
time consideration and selection, a reasonable chance would have resulted
that she would have been selected and promoted on or before her MYIG date,
and entitled to an earlier promotion, an adjusted DOR, and entitled to the
pay and allowances in the higher grade.

BOARD VOTE:

__JEA___  _BPI___  __MJF___  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 she was promoted to captain with an adjusted promotion effective
date and date of rank of 15 May 1999, with entitlement to the pay and
allowances in the higher grade on that date.




                                       _James E. Anderholm__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000975                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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