RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050004259


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |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 correction to his date of rank for lieutenant
colonel to 1 September 2003.

2.  The applicant states that Army Regulation 135-155, Table 201, provides
that the maximum time in grade for major is 7 years.  Placement into a
lieutenant colonel's position delayed his promotion upon assignment on 23
March 2004.  This resulted in a time in grade of major for 7 years, 6
months, and 22 days.

3.  The applicant provides copies of his assignment orders and promotion
memorandum for lieutenant colonel in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
Hawaii Army National Guard (HIARNG), Chaplain Branch, as a captain,
effective 13 May 1994, with prior Air Force commissioned service.  He was
separated from the HIARNG and appointed in the Florida (FL) ARNG, Chaplain
Branch, as a captain, effective 12 December 1995.

2.  He was promoted to major effective 1 September 1996.

3.  He was separated from the FLARNG effective 20 April 1997 and
transferred to the United States Army Reserve Control Group (Individual
Ready Reserve).

4.  He was reassigned to the Active Guard Reserve (AGR) effective 29 May
1999.

5.  Based on the required 7 years maximum time in grade, his promotion
eligibility date (PED) for major was 31 August 2003.

6.  He was considered and selected for promotion to lieutenant colonel by
the 2002 Chaplain Reserve Components Selection Board (RCSB) that convened
on 21 October and recessed on 25 October 2002.  The President approved the
board results on 13 January 2003.

7.  He was issued a promotion memorandum, dated 23 March 2004, indicating
his promotion effective date and date of rank for lieutenant colonel was
22 March 2004.

8.  In an advisory opinion, dated 5 May 2005, the Chief, Promotions Branch,
Office of Promotions, Reserve Components, Human Resources Command – St.
Louis, Missouri, stated that based on 7 years time in grade requirement the
applicant's PED to lieutenant colonel was 31 August 2003.  The applicant
was selected for promotion by the 2002 RCSB and promoted on orders dated
23 March 2004, with a date of rank of 22 March 2004, his date of assignment
to the higher graded position in the AGR.  The applicant's date of rank was
in accordance with Army Regulation 135-155 which states an AGR officer will
be promoted to the higher grade upon assignment to the higher graded
position.  The applicant was not assigned to the higher graded position
until 22 May 2004[sic]; therefore, this is the earliest date of rank he was
eligible for.  In view of the facts, it was recommended the applicant's
request be denied.

9.  The advisory opinion was forwarded to the applicant for acknowledgment
or possible rebuttal on 25 July 2005.  He did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that promotion to
lieutenant colonel requires completion of 7 years time in grade as a major.
 Paragraph 4-21d of the regulation specifies that troop program unit (TPU)
and 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.  Promotion cannot be effective prior
to approval date of 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 1 September 2003.  He has not shown error or
injustice for the relief he is requesting.

2.  The applicant's contentions have been noted; however, the applicant was
reassigned to the AGR effective 29 May 1999 and assigned to a lieutenant
colonel's position effective 22 March 2004.  He was not eligible for
promotion to lieutenant colonel effective 1 September 2003, his PED, as he
had not been assigned to a higher graded position on that date.  His date
of rank and promotion effective date for lieutenant colonel are proper and
he has not shown otherwise.

3.  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

_JTM_____ __JBG__  _JRM___  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.




                                  ____John T. Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004259                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/25                              |
|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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