RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050003054


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his date of rank for first
lieutenant from 10 January 2002 to 7 August 2001.  He also requests
adjustment to his date of rank for captain from 10 March 2004 to 7 August
2003.

2.  The applicant states that his dates of rank for first lieutenant and
captain are based on the old commissioning date for second lieutenant of 10
January 2000[sic], which was approved for change on 6 March 2002.  By the
time he had received the approved adjustment to his date of rank for second
lieutenant, he had already been promoted to first lieutenant and to
captain.  Approving adjustments to his first lieutenant and captain dates
of rank will place him at the same level of competition among his peers for
promotion to major.

3.  The applicant provides copies of his reply from the Deputy Assistant
Secretary, Army Review Boards and Army Board for Correction of Military
Records (ABCMR) Proceedings and his Army National Guard (ARNG) Federal
Recognition and promotion orders for first lieutenant and captain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he graduated from the Texas (TX)
ARNG Officer Candidate School (OCS) on 7 August 1999.  He was appointed in
the TXARNG as a second lieutenant effective 8 January 2000, with prior
enlisted service.

2.  He completed his branch OBC effective 2 November 2000.

3.  The National Guard Bureau published special orders 22 AR, dated
22 January 2002, extending Federal Recognition and promoting the applicant
to first lieutenant effective 10 January 2002.

4.  On 5 February 2002, the ABCMR recommended the applicant's records be
corrected to show he was appointed in the TXARNG as a second lieutenant
effective 7 August 1999, based on an invalid medical examination which
denied him the opportunity to be commissioned when he completed the TXARNG
OCS program.  The applicant was provided a copy of the Board action on 6
March 2002.

5.  The National Guard Bureau published special orders 55 AR, dated 10
March 2004, extending Federal Recognition and promoting the applicant to
captain effective 10 March 2004.
6.  Based on the correction to his date of rank for second lieutenant to
7 August 1999 and the required completion of 2 years maximum time in grade
(MTIG) his promotion eligibility date (PED) for first lieutenant was 6
August 2001.

7.  Based on an adjustment to his date of rank for first lieutenant to
6 August 2001 and the required completion of 2 years minimum TIG for
promotion by a position vacancy board (PVB), his PED for captain was
5 August 2003.

8.  Based on an adjustment to his date of rank for first lieutenant to
6 August 2001 and the required completion of 5 years MTIG his PED for
captain is 5 August 2006.

9.  The applicant was mobilized effective 15 December 2004 and is currently
serving on active duty.

10.  National Guard Regulation 600-100, in pertinent part, prescribes the
policies and procedures for the promotion of ARNG officers.  Chapter 8 of
this regulation specifies that a commissioned officer must complete a
minimum of 2 years TIG as a second lieutenant and any OBC prior to
promotion and Federal Recognition in the next higher grade.  An officer in
the grade of first lieutenant must complete a minimum of 2 years TIG for
promotion consideration by a PVB.  An officer in the grade of first
lieutenant must complete a maximum of 5 years TIG for promotion
consideration by a mandatory promotion selection board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was originally appointed as a second lieutenant with a
date of rank of 8 January 2000 and, based on the required completion of 2
MTIG, and any OBC, he was promoted to first lieutenant effective 10 January
2002.  In February 2002, the ABCMR recommended the applicant's date of rank
for second lieutenant be adjusted to 7 August 1999.

2.  The administrative error in processing and granting the applicant an
original appointment in the ARNG on 7 August 1999 further delayed his
promotion to first lieutenant, through no fault of his own, and he should
not be penalized for this action.  The applicant was previously extended
Federal Recognition and promoted to first lieutenant effective 10 January
2002.  Therefore, it would be appropriate to correct his records to show he
was promoted to first lieutenant effective 6 August 2001.



3.  It appears that the applicant was promoted to captain effective 10
March 2004, as a result of a PVB held by the TXARNG.  He was promoted to
captain prior to the required completion of 5 years MTIG.  In retrospect,
he has received an early promotion to captain since he was promoted prior
to serving the MTIG.  The applicant was neither considered nor selected for
promotion to captain by a mandatory promotion selection board.  Therefore,
he has no basis for an adjustment of his date of rank for captain based on
the correction to his date of rank for second lieutenant and adjustment to
his date of rank for first lieutenant.

4.  In view of the foregoing, and insofar as the Department of the Army is
concerned, the applicant’s records should be corrected as recommended
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JRM___  _LE____  __JED __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all the State of Texas Army National Guard and Department
of the Army records of the individual concerned be corrected:

      a.  by showing that the National Guard Bureau Orders 22 AR, dated
22 January 2002, as pertains to the extension of Federal Recognition and
promotion to first lieutenant effective 10 January 2002 of the individual
concerned, is null and void; and

      b.  by showing that Federal Recognition and promotion orders were
issued to the individual concerned by the National Guard Bureau with a
promotion effective date and date of rank for first lieutenant of 6 August
2001, with entitlement to back pay and allowances from that date.




2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adjustment to his date of rank for captain from 10 March 2004 to 7 August
2003.




                                  _      _Lester Echols_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003054                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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