RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            04 OCTOBER 2005
      DOCKET NUMBER:         AR20050001541


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 that the effective date of his pay and
allowances to the pay grade of O-5 be adjusted from 6 January 2005 to 29
December 2004.

2.  The applicant states that because of an administrative error (wrong
font was used) in preparing National Guard Bureau (NGB) promotion list P25-
04 (along with lists 22, 23, 24 and 26) was returned to the NGB.  This
resulted in the unjust delay of the effective date of his promotion.
Promotion List P27-04 was signed on 29 December 2004 and the effective date
of his promotion should be adjusted to that date to correct this injustice.


3.  The applicant provides a copy of his promotion orders, his assignment
orders, his 20-year letter, a copy of a report of separation (DD Form 214),
a copy of an officer evaluation report (OER), electronic mail (e-mail)
traffic between officials at the NGB and officials at the office Army G-1
and a 2005 Army National Guard (ARNG) Federal Recognition Update.

CONSIDERATION OF EVIDENCE:

1.  The applicant was promoted to the rank of major in the Connecticut Army
National Guard (CTARNG) on 5 October 1999 and on 22 March 2004, he received
his Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

2.  On 14 May 2004, while serving on active duty as an Active Guard Reserve
(AGR) Adjutants General Corps major assigned to the United States Army
National Guard Readiness Center, Personnel Readiness and Deployments
Branch, orders were published by the NGB reassigning him to a position as
Chief, Personnel Readiness and Deployments Branch.

3.  On 13 August 2004, orders were published by the CTARNG announcing the
applicant’s promotion to the rank of Lieutenant Colonel (LTC) effective 12
August 2004.  The orders also specified that the effective date of his
promotion in the Army National Guard of the United States (ARNGUS) would be
the date Federal Recognition orders were published.

4.  On 16 September 2004, the NGB published orders announcing the
applicant’s promotion eligibility date (PED) as being 16 September 2004.



5.  On 6 January 2005, orders were published by the NGB promoting him to
the rank of LTC (O-5) effective 6 January 2005, with a date of rank (DOR)
of 16 September 2004.  His orders published by the CTARNG were also changed
to reflect an effective date of 6 January 2005.  This promotion was based
on a position vacancy and essentially was a secondary zone promotion which
placed the applicant approximately 11 months ahead of his peers.

6.  In the processing of this case a staff advisory opinion was obtained
from the NGB, Chief, Personnel Division, which provides that on 28
September 2004, the President of the United States signed an executive
order effective 1 October 2004, delegating signature authority for
promotions to O-5 and below to the Secretary of Defense (SecDef).  This
change in signature authority required subsequent changes in scrolls and
memoranda being submitted for approval.  Presidential List 25-04, on which
the applicant’s name appeared was one of the lists that had been forwarded
to the Office of the Secretary of Defense (OSD) while changes were being
implemented.  Presidential Lists 22-04 through 26-04 had to be returned to
OSD to have corrections made to their memoranda and scrolls.  Presidential
Lists 27-04 through 29-04, which were compiled at the NGB after
notification of the Executive Order, were prepared according to the new
requirements.  These lists moved ahead of the lists that had not yet been
formatted to meet the new requirements.  The delay was due to an
administrative change requiring that all promotion lists be formatted in
accordance with the SecDef’s request.  Officials further stated that the
applicant was promoted based on a position vacancy in the secondary zone
ahead of his peers and contends that if the Board grants the applicant’s
request, it must also adjust all other officers on the list that were
affected.  That office recommended that his request be denied.

7.  The advisory opinion was provided to the applicant for comment and to
date, no response has been received by the staff of the Board.

8.  The Reserve Officer Personnel Management Act (ROPMA), a public law
enacted by Congress on 5 October 1994, prescribed policies and procedures
to consolidate and modernize the laws governing the management of Reserve
component officers.  ROPMA was implemented on 1 October 1996, and it
established that the MTIG for a major is 7 years, and that an officer
selected for promotion to major the first time he/she is considered will be
promoted on or before the date that he/she completes the MTIG.


9.  ROPMA further specifies that an AGR officer must be serving in a
position requiring the higher grade or assigned to the Individual Ready
Reserve or a Individual Mobilization Augmentee position.  Promotion cannot
be effective prior to approval of respective boards by the President.

10.  Title 10, United States Code, section 14308(c)(2) states that “Except
as specifically authorized by law, a reserve officer is not entitled to
additional pay or allowances if the effective date of the officer’s
promotion is adjusted to reflect a date earlier than the actual date of the
officer’s promotion.”

DISCUSSION AND CONCLUSIONS:

1.  While it is unfortunate that the processing of the promotion board
results were administratively delayed through no fault of the applicant,
the 7 day delay that was caused by a change in the approval authority from
the President to the SecDef does not appear to be an unreasonable delay
under the circumstances.

2.  The applicant was promoted to the rank of LTC based on a position
vacancy and it appears that it placed him ahead of his peers for promotion
consideration.  Accordingly, it does not appear that the administrative
delay unnecessarily disadvantaged the applicant since his promotion was not
effective until such time as the appropriate authority approved the list.

3.  Notwithstanding the delay, the effective date of promotion shall remain
as 6 January 2005, the date the board was approved.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___LB___  ___CD __  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.





            _____Mark Manning_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |N/A ARNGUS AGR SOLDIER                  |
|DATE OF DISCHARGE       |N/A ARNGUS AGR SOLDIER                  |
|DISCHARGE AUTHORITY     |N/A ARNGUS AGR SOLDIER                  |
|DISCHARGE REASON        |N/A ARNGUS AGR SOLDIER                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |314/prom eff date                       |
|1.131.0400              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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