RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  26 October 2005
      DOCKET NUMBER:  AR20050002347


      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. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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, correction to his promotion
effective date and date of rank for first lieutenant.

2.  The applicant states that the wrong promotion date was used.

3.  The applicant provides copies of his DD Form 1059 (Service School
Academic Evaluation Report), his DA Form 705 (Army Physical Fitness Test
(APFT) Scorecard), his DA Form 5500-R (Body Fat Content Worksheet (Male)),
a Memorandum for Record (MFR) pertaining to his promotion to first
lieutenant, and his promotion memorandum for first lieutenant.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve (USAR), Army Nurse Corps, as a second lieutenant
effective 10 January 2001, with 1 year, 2 months, and 7 days constructive
service credit.  Based on the awarded constructive service credit his date
of rank was adjusted to 3 November 2000.

2.  Based on the required 2 years time in grade, his promotion eligibility
date (PED) for first lieutenant was 2 November 2001.

3.  The applicant completed the Army Medical Department Officer Basic
Course (OBC) effective13 December 2002.

4.  His officer evaluation report (OER) for the period 20 May 2001 through
19 May 2002, shows he failed the APFT in October 2001.  In Part V, b
(Performance and Potential Evaluation Rater) of this OER, the rater stated
that the applicant met the body fat percentage standards and the failed
APFT did not interfere with his officer duties.  The rater also stated that
the applicant was working to improve his physical fitness to meet Army
standards and was challenged to pass the APFT to standard.

5.  The applicant provides a copy of his DA Form 5500-R that verifies that
he was in compliance with Army standards on 1 December 2002.  He also
provides a copy of his DA Form 705 that verifies he completed and passed
his APFT effective 10 April 2003 for fiscal year 2003.  The DA Form 705
shows he attained over 60 points in each test event and an overall test
score of 193 points.

6.  His OER for the period 23 March 2003 through 22 March 2004, shows he
failed the APFT in February 2004.  In Part V, b (Performance and Potential
Evaluation Rater) of this OER, the rater and senior rated stated, in
effect, that the applicant completes at the national level in power-
lifting, which is a significant contributing factor in his failure to
maintain Army AFPT and weight standards.  The applicant should be promoted
as soon as he is in compliance with Army standards.

6.  In a MFR, dated 6 December 2004, the Military Personnel Actions Branch,
Human Resources Command (HRC) – St. Louis, Missouri, stated that the
applicant could not be promoted at his PED of 2 November 2001, because all
promotion qualifications were not met.  The applicant was promoted when all
requirements were met.  The effective date of promotion was 26 April 2004
in accordance with Army Regulation 135-155, paragraph 4-8 (APFT &
height/weight standards).

7.  A promotion memorandum, dated 6 December 2004, was issued to the
applicant indicating his promotion effective date and date of rank for
first lieutenant as 26 April 2004.

8.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve Components officers.  This regulation specifies that
an officer in the grade of second lieutenant will be considered for
promotion to first lieutenant without review by a promotion selection
board.  A qualified second lieutenant will not be promoted on or before the
date of completion of 2 years of promotion service and completion of a
branch OBC.

9.  Army Regulation 135-155 also specifies that an officer recommended for
promotion must meet height and weight standards of the Army Body
Composition Program.  Paragraph 4-8 of this regulation specifies that an
officer found not qualified for promotion to first lieutenant who was
retained in an active status may be promoted if later determined qualified.
 The promotion will not be earlier than the date the officer is determined
qualified for promotion.  A MFR will be prepared to explain the later
promotion date.  A copy of the promotion notice and the MFR will be placed
in the officer's official military personnel file.  Par

10.  Army Regulation 135-155, paragraph 4-18(2) further specifies that an
officer unqualified for promotion for failure to pass the APFT or failure
to take and pass the APFT within the period required by Army Regulation 350-
41, will have a date of rank and promotion effective date of the date the
officer passes the APFT.

11.  Army Regulation 350-41, prescribes the policy and procedures for the
APFT Program.  This regulation specifies that the purpose of physical
fitness testing is to give Soldiers an incentive to stay in good physical
condition and allow commanders a means of assessing the general fitness
levels of their units.  Soldiers who fail a record APFT for the first time
will be flagged.  Reserve Components Soldiers, not on active duty and
without a medical profile, will be tested no later than 6 months following
the initial APFT failure.  All Soldiers must attain a score of at least 60
points on each test event and an overall score of at least 180 points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his promotion effective date
and date of rank for promotion to first lieutenant to 10 April 2003, the
date he passed his APFT, with entitlement to back pay and allowances based
on this adjustment.

2.  The evidence of record shows the applicant completed the required 2
years time in grade, his resident OBC, and passed the APFT prior to his
current promotion date of 26 April 2004.  He passed his APFT on 10 April
2003, with over 60 points on each test event and an overall score higher
than the allowable 180 points for passing.  Therefore, he was in compliance
with Army standards and met all requirements for promotion to first
lieutenant on that date.

3.  It was noted that the applicant's records did not reveal any
unfavorable information to cause a delay in his promotion on 10 April 2003.
 The applicant's promotion was delayed through no fault of his own and this
delay created an injustice that should now be corrected.  The applicant’s
actions did not contribute to the delay and he should not be penalized by a
late promotion.

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

BOARD VOTE:

_CVM___  __JEV___  _LMB___  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 he was promoted to first lieutenant with a promotion effective date
and date of rank of 10 April 2003, with entitlement to back pay and
allowances based on this adjustment.




                                  ___    James E. Vick____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002347                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|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.                      |                                        |


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