RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      8 December 2005
      DOCKET NUMBER:  AR20050002325


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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, adjustment to her promotion
effective date and date of rank for major from 6 March 2003 to 16 July
2002, with entitlement to back pay and allowances.

2.  The applicant states that when the 2002 major's list was published in
June 2002, she was a member of the Individual Ready Reserve (IRR),
effective 8 March 2002.  She was not assigned to a troop program unit (TPU)
until 16 January 2003 and did not drill until February 2003, when she was
notified that she was going to be deployed to Iraq for 12 to 15 months.
She was promoted to captain on 16 July 1995.  In accordance with Army
Regulation 135-155, she met the required criteria for promotion to major on
16 July 2002.  She was selected by the board, she was assigned to the IRR
when the promotion list was published, and she had reached her maximum time
in grade (MTIG) as a captain of 7 years on 16 July 2002.

3.  The applicant provides copies of her IRR assignment orders, her TPU
assignment orders, and her promotion memorandums for captain and major.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed in the United
States Army Reserve as a second lieutenant effective 13 May 1989.  She
entered on active duty effective 17 July 1989.  She was promoted to first
lieutenant effective 16 July 1991.

2.  She was released from active duty effective 1 November 1994 and
transferred to a TPU.  She was promoted to captain effective 1 July 1996,
with a date of rank of 16 July 1995.

3.  She was reassigned from a TPU to the IRR effective 8 March 2002.

4.  She was considered and selected for promotion to major by the 2002
Reserve Components Selection Board (RCSB) that convened on 4 March and
recessed on 3 April 2002.  The President approved the board results on 19
June 2002.

5.  Based on the required completion of 7 years maximum time in grade
(MTIG), her MTIG date for major was 15 July 2002.

6.  She was reassigned from the IRR to a TPU effective 16 January 2003.

7.  She was issued a promotion memorandum, dated 10 March 2003, showing her
promotion effective date and date of rank to major was 6 March 2003, based
on her assignment to a major's position.

8.  In an advisory opinion, dated 28 June 2005, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, Human Resources Command -
St. Louis, stated that while assigned to a TPU, the applicant was selected
for promotion to major by the 2002 RCSB with a promotion eligibility date
(PED) of 15 July 2002.  Prior to approval of the board on 19 June 2002, she
was released from the TPU and assigned to the IRR on 8 March 2002.  The
Office of Promotions, Reserve Components, was not aware of the applicant's
assignment and did not promote her.  She was released from the IRR and
assigned to Headquarters, 7th Army Reserve Command, on 16 January 2003, and
promoted with a date of rank of 6 March 2003.  Since the applicant was
assigned to the IRR on her PED, it was recommended that Headquarters, 7th
Army Reserve Command, be directed to void it's promotion order and the
Office of Promotions, Reserve Components, be directed to promote the
applicant with a date of rank of 15 July 2002 and a promotion effective
date of 6 March 2003, the date she met all promotion eligibility
requirements.

9.  The advisory opinion was forwarded to the applicant for her
acknowledgment and/or rebuttal on 18 July 2005.  She did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve Components officers.  This regulation specifies that
completion of 7 years MTIG is required before promotion to major.  Officers
assigned to a TPU must be serving in a position requiring the higher grade
or assigned to the IRR or as an Individual Mobilization Augmentee (IMA).
In addition, IRR and IMA officers selected by a mandatory promotion board
must have completed the MTIG for promotion to the next higher grade.  The
officer's promotion effective date and date of rank will be no earlier than
the date the board is approved, or the date the officer meets the MTIG,
whichever is later.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to her promotion effective date and date of rank for major to
15 July 2002, her MTIG date, based on her first time selection and
assignment to IRR on the approval date of the 2002 RCSB, with entitlement
to back pay and allowances.

2.  Notwithstanding the advisory opinion provided in this case, pertinent
regulations show that a non-unit officer selected for the first time for
promotion to the next higher grade may be promoted on completion of the
maximum service.  Promotion effective dates and dates of rank cannot be
effective prior to the presidential approval date of the respective board
or completion of the MTIG, whichever is later.  When the applicant was
selected for promotion to major by the 2002 RCSB, the earliest promotion
effective date and date of rank she would have been eligible for would have
been 15 July 2002.

3.  The applicant’s actions did not contribute to the unreasonable delay
and she should not be penalized by a late promotion.  Had the Office of
Promotions, Reserve Components, been aware of her assignment to the IRR
when the President approved the major's 2002 RCSB, the applicant would have
been eligible for promotion on the date she completed the 7 years MTIG on
15 July 2002.  Although the applicant was selected for promotion to major
the first time she was considered, the delay of her promotion created an
injustice that should now be corrected.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_JBG_____  _RTD___  _SWF__  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
voiding her promotion memorandum for major, dated 10 March 2003, and
promoting her to major with a promotion effective date and date of rank of
15 July 2002, with entitlement to back pay and allowances based on this
adjustment.




                                  _    Richard T. Dunbar_    _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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