RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050003244


      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 adjustment to his date of rank for lieutenant
colonel from 15 April 2003 to 17 October 2002, his initial date of
eligibility.

2.  The applicant states that upon selection for promotion on 17 October
2002, he was already assigned to a lieutenant colonel position in his
military occupational specialty (70H).  As an Individual Mobilization
Augmentee (IMA) serving in an active duty unit, he did not realize that he
was eligible for immediate promotion at that time.  This promotion delay
will delay his first consideration for colonel by a full year due to date
of rank parameters for the annual promotion board.

3.  The applicant provides copies of his assignment orders, his promotion
memorandums for lieutenant colonel, his officer evaluation report for the
14 March through 30 March 2002, and a table of distribution and allowances
for the US Army Element Pacific Command, Headquarters.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in Regular Army
(RA), Military Intelligence Branch, as a second lieutenant effective 31 May
1986.  He was promoted to first lieutenant 28 November 1987.

2.  He was appointed in the RA, Medical Services (MS), as a first
lieutenant, effective 3 January 1989.  He was promoted to captain effective
1 December 1989.

3.  He was discharged from the RA effective 15 December 1992.  He was
appointed in the United States Army Reserve, MS, as a captain, effective
16 September 1992.

4.  He was promoted to major effective 15 June 1996.  Based on the required
7 year maximum time in grade (MTIG), his MTIG for promotion to lieutenant
colonel was 14 June 2003.

5.  He was reassigned from the Individual Ready Reserve to the IMA and
assigned to a lieutenant colonel position effective 12 October 1999.

6.  He was considered and selected for promotion to lieutenant colonel by
the 2002 Army Medical Department (AMEDD) Reserve Components Selection Board
(RSCB) that convened on 28 May 2002.


7.  He was reassigned from the IMA to a TPU effective 1 April 2003.

8.  He was issued a promotion memorandum, dated 7 May 2003, indicating his
promotion effective date and date of rank for lieutenant colonel was
13 April 2003.

9.  The officer evaluation report for the period 14 March through 30 March
2002 shows the applicant's principal duty title as Chief, Medical Plans and
Intelligence Branch (IMA).  The applicant also submits documentation that
shows a Health Services Officer position in the grade of lieutenant colonel
existed within the US Army Element Pacific Command, Headquarters.  The
documentation does not specify the applicant as being assigned to that
existing position.

10.  In an advisory opinion, dated 7 June 2005, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, Army Human Resources
Command (AHRC), St. Louis, Missouri, stated that the applicant was
considered and selected for promotion to lieutenant colonel by the 2002
AMEDD RCSB.  The applicant's date of rank was 15 June 1996 and he had a
promotion eligibility date of 14 June 2003.  The President approved the
board on 18 September 2002 and the results were released on 17 October
2002.  He was issued a promotion memorandum dated 7 May 2003 with an
effective date of 13 April 2003.  Information reflects that the applicant
was in a TPU as of 1 April 2003.  Since the applicant was in a unit, the
promotion memorandum was issued by the Directorate for Personnel Actions
and Services.  The unit provides the effective date of promotion to the
promotion authority for processing of the memorandum.

11.  The opinion also stated that the applicant was also issued a promotion
memorandum by that office and it has since been voided.  At the time of the
promotion board, the applicant was shown in the database as an IMA officer.
 The policy for IMA Soldiers was meeting the TIG requirements to the next
higher grade, not when the applicant went into the higher graded position.
The applicant is shown now on the database as being in a TPU as of 1 April
2003, so that office has no authority to promote the applicant.  The
applicant has been given the only effective date available to him based on
the unit's recommendation and being in a TPU position.  Based on the
foregoing, it was recommended the request be denied.

12.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 7 September 2005.  He did not respond.



13.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  Paragraph 4-21d of the regulation specifies
that
TPU and Active Guard Reserve (AGR) officers selected by a mandatory board
will be promoted provided they are assigned/attached to a position in the
higher grade.  A TPU or AGR officer who is selected for promotion by a
mandatory promotion board, but who is not assigned/attached to a higher
graded position will be promoted on the date of assignment/attachment to a
higher graded position or the day after release from TPU or AGR status.
The date of rank will be the date the officer attained MTIG or the date on
which assigned/attached to a position in the higher grade, whichever is
earlier.  IMA officers, regardless of assignment to a higher graded
position, are only eligible for promotion on the date they have completed
the required MTIG.  Promotion cannot be effective prior to approval of the
respective boards by the President.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to adjustment of his date of rank for
lieutenant colonel to 17 October 2002.  He has not shown error or injustice
for the relief he is requesting.

2.  The applicant's contentions that he was selected for promotion on
17 October 2002 and already assigned to a lieutenant colonel position have
been noted.  However, at the time the results of the 2002 Lieutenant
Colonel AMEDD RCSB were released on 17 October 2002, the applicant, as an
IMA officer, had not met the time in grade requirements.  His MTIG date for
lieutenant colonel was 14 June 2003.  The applicant was assigned to a TPU
lieutenant colonel position effective 13 April 2003 and appropriately
promoted.  Therefore, he was not eligible for promotion to lieutenant
colonel effective 17 October 2002.  His promotion effective date and date
of rank are proper and he has not shown otherwise.

3.  The documentation submitted by the applicant shows he was assigned to a
lieutenant colonel position while serving as a IMA officer prior to the
release date of the 2002 Lieutenant Colonel AMEDD RCSB.  However, the
applicant was not assigned to a TPU higher graded position until 13 April
2003, after the release date of the 2002 Lieutenant Colonel AMEDD RCSB.
Therefore, he did not meet all qualifications for promotion to lieutenant
colonel on 17 October 2002.

4.  In view of the foregoing, there is no basis for granting the
applicant’s request.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JBG___  _RTD___  _SWF___  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.




                                  ___Richard T. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003244                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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