RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 August 2005
      DOCKET NUMBER:  AR20050004278


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. Troup                |     |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 reconsideration of his earlier request to adjust
his date of rank for captain to 16 October 1995.

2.  The applicant states, through his Congressman, that he has located the
Selection of Promotion notice showing the date of his promotion.

3.  The applicant provides a letter, dated 27 January 1995, from the Chief,
Office of Promotions, Reserve Components, U. S. Total Army Personnel
Command.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040002144 on 27 January 2005.

2.  The 27 January 1995 letter from the Chief, Office of Promotions,
Reserve Components, U. S. Total Army Personnel Command is new evidence
which will be considered by the Board.  This letter indicated the
applicant's promotion eligibility date would be 14 October 1995.  He was in
Ordnance Branch at the time.

3.  By memorandum dated 19 April 1995, the applicant was appointed a Staff
Specialist (chaplain candidate) first lieutenant in the USAR.  This
appointment was effective when he took his oath of office on 7 May 1995.

4.  A DA Form 1059 (Service School Academic Evaluation Report) for the
period 18 December 1995 through 15 January 1996 listed the applicant's rank
as captain.  A letter dated 19 April 1998 from Chaplain H___, Headquarters,
I Corps and Fort Lewis also indicated his rank was captain.

5.  The applicant was appointed a captain in the U. S. Army Reserve,
Transportation Corps, effective 20 November 1998, the date of his
acceptance of appointment.  He was not given constructive service credit
upon his appointment. The date of his acceptance of the appointment became
his captain date of rank and effective date of pay grade.

6.  Army Regulation 135-155 (Promotion of Commissioned Officers and warrant
Officers other than General Officers), paragraph 3-13a(2)(g) of the version
in effect at the time, stated Headquarters, Department of the Army could
remove the name of an officer from a selection board list who was
ineligible for selection because he or she was appointed to or from a Staff
Specialist branch (Army Medical Department, Chaplain, or Judge Advocate
General Corps) prior to the effective date of promotion.

7.  Army Regulation 600-8-29 (Officer Promotions), paragraph 1-41a of the
version in effect at the time, stated other than Regular Army commissioned
officers in a grade above second lieutenant who were not given entry grade
credit at the time of their most recent original appointment would be
placed on the active duty list in their current grade and would have an
active date of rank that preceded the date of placement on the active duty
list by a period equal to the time served in an active status in their
current grade.

8.  Army Regulation 600-8-29 defined "original appointment" as any
appointment in a reserve or regular component of the armed forces that is
neither a promotion or a demotion.  An officer may receive more than one
"original appointment."

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged the applicant was selected for promotion to captain.
 He was notified by memorandum dated 27 January 1995 that his promotion
eligibility date to captain would be 14 October 1995.

2.  However, prior to the effective date of the applicant's promotion he
was appointed (on 7 May 1995) in a Staff Specialist branch.  Therefore,
under the provisions of Army Regulation 135-155 he was removed from the
promotion list and that promotion was not valid.

3.  When the applicant was appointed out of a special branch and into the
Transportation Corps on 20 November 1998, he was appointed as a captain.

4.  It is acknowledged that at least two documents in the applicant's
records indicate he wore the rank of captain while he was a chaplain
candidate.  However, there is no evidence to show he was ever considered
for promotion to captain while he was in a Staff Specialist branch.  Absent
evidence to the contrary, it appears the applicant and his new branch
presumed the January 2005 notice of promotion was still valid and thus he
erroneously wore the rank of captain while in that branch.

5.  Since there is no evidence the applicant served as a captain with
proper authorization and he had not been awarded any constructive service
credit, his date of rank was the date he was appointed in the
Transportation Corps.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__kan___  __wdp__  __mjt___  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 to amend the decision of
the ABCMR set forth in Docket Number AR20040002144 dated 27 January 2005.




            __Kathleen A. Newman__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004278                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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