RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  4 October 2004
      DOCKET NUMBER:  AR20050003413


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. 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, in effect, adjustment to his date of rank for
captain from 22 May 2004 to 10 January 2001.

2.  The applicant states that he was selected for promotion to captain by
the January 2001 promotion selection board.  He was not notified of his
selection until the end of 2001.  According to the National Augmentation
AMEDD (Army Medical Department) Detachment (NAAD), he lacked an updated
physical and current Army Physical Fitness Test (APFT).  Due to the
distance from his unit of assignment his APFT was not updated until 10
March 2002.  His physical examination was completed on 7 May 2002.  By the
middle of May 2002, all of his documents had been faxed and mailed to his
personnel manager.  Over the next year his personnel manager had changed.
His correction has fallen on deaf ears with no explanation as to why his
promotion orders were not made available.  By the summer of 2003, he was
notified that his APFT had expired and that he needed it updated for his
promotion.

3.  The applicant provides copies of his DA Form 1059 (Service School
Academic Evaluation Report), his DA Form 705 (APFT Scorecard), his DD Form
2808 (Report of Medical Examination), and his promotion memorandum for
captain.

4.  It is noted that the applicant submitted a DD Form 149 (Application for
Correction of Military Record) provided to officers in the grade of captain
who were first-time considered and selected for promotion to captain, after
having served more than 7 combined maximum years in grade to seek relief
from the Army Board for Correction of Military Records (ABCMR) for
adjustment to dates of rank for captain under the Reserve Officer Personnel
Management Act Project.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he complete a physical
examination on 13 February 1997 and was found qualified for commissioning.

2.  He was appointed in the United States Army Reserve (USAR), Army Nurse
Corps, as a first lieutenant effective 12 May 1997, with 3 years and 6
months constructive service credit.

3.  The applicant completed the AMEDD officer basic course effective 19
January 2001.

4.  The Office of Promotions, Human Resources Command (HRC) – St. Louis,
promotion database shows he was considered and selected for promotion to
captain by the 2001 AMEDD Reserve Components Selection Board that recessed
on 20 April 2001.  The President approved the board results on 25 July
2001.

5.  His DA Form 705 shows he passed the APFT and met allowable height and
weight standards on 10 March 2002.  His DD Form 2808 shows he completed a
physical examination on 7 May 2002.

6.  The Soldier Management System (SMS), HRC – St, Louis, shows that the
applicant's unit was notified on 4 September 2001, of his suspended
promotion because he did not possess a valid security clearance.  The
promotion system was annotated to show as of 16 January 2002, no
documentation had been received on the applicant concerning a current
physical examination, as his 1997 physical examination was about to expire.
 The system was annotated to show his security clearance was updated on 12
March 2002.  On 1 July 2002, an updated security clearance was forwarded to
the promotion authorities.

7.  The SMS also shows that on 31 July 2002, promotion authorities again
requested a copy of the applicant's current physical examination.  On
10 October 2002, the application's promotion was still in suspended status
because the promotion system did not contain a copy of his current physical
examination.  In August 2003, the promotion database was updated with the
applicant's current physical examination and security clearance.  His unit
was notified that another APFT was required since his previous APFT had
expired in March 2003.  The applicant passed the AFPT on 22 May 2004 and a
copy was forwarded for inclusion in his records.

8.  A Promotion Memorandum, dated 19 November 2004, was issued to the
applicant indicating his promotion effective date and date of rank for
captain was 22 May 2004.

9.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that completion
of 5 years time is grade is required before promotion to captain.  Officers
assigned to a unit must be serving in a position requiring the higher grade
or assigned to the Individual Ready Reserve (IRR) or as an Individual
Mobilization Augmentee (IMA).  In addition, IRR and IMA officers selected
by a mandatory promotion board must have completed the maximum time in
grade.

10.  Army Regulation 135-155 also specifies that an officer recommended for
promotion will not be promoted prior to meeting the promotion eligibility
criteria, i.e., having an updated physical (medical) examination within 5
years of their promotion eligibility date and APFT.  Paragraph 4-12 of this
regulation also specifies that promotion authorities will ensure that a
favorable security screening is completed before announcing a promotion.
Each Reserve officer is required to undergo a medical examination at least
once every 5 years.  An officer must also possess a current APFT and
possess a current date for maximum allowable weight for height and weight
standards.  Promotion authorities will ensure that the officer possesses a
current physical examination, a favorable security screening, and possess
current APFT and maximum allowable weight for height and weight standards
before announcing a promotion.  An officer is promoted after selection if
all qualifications for promotion are met.  When an officer does not meet
the qualifications for promotion, the promotion effective date and date of
rank will not be earlier than the later date all qualifications are met.
In no case, will the promotion effective date and date of rank be earlier
that the date the board is approved.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his promotion effective date
and date of rank for captain to 7 May 2002, when he met all requirements
for promotion to the next higher grade, with entitlement to back pay and
allowances based on this adjustment.

2.  The evidence of record shows the applicant was commissioned with a
current physical dated 13 February 1997, which was good for 5 years
(13 February 2002).  He passed his APFT and met allowable height and weight
standards on 10 March 2002, was granted an updated security clearance on 12
March 2002, and completed an updated physical examination on 7 May 2002,
which was good for 5 years (7 May 2007).  Therefore, he met all
requirements for promotion to captain on 7 May 2002.  It is also noted that
the applicant's records do not show any unfavorable information to cause a
delay in his promotion after that date.  Through no fault of the applicant,
his promotion was delayed.  The applicant’s actions did not contribute to
the delay and he should not be penalized by a late promotion.

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



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MDM__  ___CD_  ___LB ___  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 Department of the Army records of the individual
concerned be corrected by showing he was promoted to captain with a
promotion effective date and date of rank of 7 May 2002, with entitlement
to back pay and allowances based on this adjustment.

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 to 10 January 2001.




                                  __Mark D. Manning    ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003413                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/04                              |
|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.                      |                                        |


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