RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:   14 December 2005
      DOCKET NUMBER:  AR20050004533


      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 Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, correction to his date of rank for
captain.

2.  The applicant states that he was given an incorrect date of rank for
captain of 24 March 2003.  His promotion authority letter, dated 27 August
2003, states his recommended date of rank was 25 July 2001.

3.  The applicant provides copies of his special selection board (SSB)
promotion consideration memorandum and his promotion memorandum for
captain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army Reserve, Army Nurse Corps, as a second lieutenant, effective
27 September 1993, with 2 years, 1 month, and 19 days constructive service
credit.  He was promoted to first lieutenant effective 7 August 1994.

2.  He was reassigned from the USAR Control Group (Reinforcement) to a
troop program unit (TPU) effective 27 March 2000.

3.  He was considered and not selected for promotion to captain by the 2000
and 2001 Army Medical Department (AMEDD) Reserve Components Selection
Boards (RCSB) that convened on 10 January 2000 and 26 March 2001,
respectively.  The President approved the 2000 and 2001 board results on
25 June 2000 and 25 July 2001, respectively.

4.  Based on a review by the Office of Promotions, Reserve Components,
Human Resources Command (HRC) – St. Louis, Missouri, it was determined that
the applicant was eligible for promotion consideration to captain by a SSB
under the 2001 criteria.

5.  He was reassigned from a TPU to a TPU within the command effective
15 January 2003.

6.  He was issued a Promotion Consideration memorandum, dated 27 August
2003, showing his selection for promotion to captain under the 2001
criteria by a SSB with a promotion effective date and date of rank of 25
July 2001.  The memorandum also advised that under the Reserve Officer
Personnel Management Act the earliest date he could have was the approval
date of the criteria year that he was recommended under.

7.  He was issued a promotion memorandum, dated 29 October 2004, showing
his promotion effective date and date of rank for captain was 24 March
2003, the date he was assigned to a captain's position.

8.  In an advisory opinion, dated 12 May 2005, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, HRC – St. Louis, stated
that the applicant was selected by a SSB under the 2001 criteria for
captain.  The applicant was notified by mail with a select letter stating
his date of rank would be 25 July 2001, the approval date of the 2001 AMEDD
captain's RCSB, if all requirements were met.  The information HRC received
from a promotion qualification statement was that the applicant was in a
TPU and was assigned to a higher graded position on 24 March 2003.
Therefore, in order to change his date of rank, the applicant would have to
provide a document to determine that he was in fact in a captain's slot
before that date.  In view of the foregoing, it was recommended the
applicant's request be denied.

9.  The advisory opinion was forwarded to the applicant for
acknowledgement/
rebuttal on 30 June 2005.  He did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that officers
selected by a SSB are eligible for the same date of rank that they would
have received by the original board (approval date) in which the error
occurred.  It also specifies that promotion may only be effective upon
positioning in the higher grade or assignment to the Individual Ready
Reserve (IRR) or the Individual Mobilization Augmentee (IMA).  Promotion
can not be earlier than the Presidential approval date of the original
board.

11.  Army Regulation 135-155 also specifies that an officer is promoted
after selection if all qualifications for promotions are met.  When an
officer does not meet the qualification for promotion, the promotion
effective date and date of rank may be advanced to the date qualifications
are met.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to a correction to his date of rank for captain.  He has not shown
error, injustice, or inequity for the relief he now requests.

2.  The applicant's contention that his date of rank should be changed
based on his selection by a SSB is noted.  However, the applicant was
considered and not selected by the 2001 AMEDD captain's RCSB, which was
approved on 25 July 2001.  He was considered and selected for promotion to
captain by a SSB under the 2001 criteria with a projected promotion date of
25 July 2001, provided he was serving in a captain's position.  Since he
had been assigned to a captain's position effective 23 March 2003, he was
not eligible for an earlier promotion effective date and date of rank for
captain based on his selection by the SSB.

3.  Pertinent regulations clearly show that TPU officers selected by a SSB
are eligible for the same promotion effective date and date of rank that
they would have received by the original board in which the error occurred
provided they are positioned in the higher grade.  Promotion can not be
earlier than the Presidential approval date of the original board.
Promotion may only become effective the date of assignment to the higher
graded position or assignment to the IRR or IMA.

4.  There is no evidence to show that he was assigned to a captain's
position prior to 23 March 2003.  Without evidence to show otherwise, it is
concluded that the applicant's date of rank for captain is proper.

5.  In view of the foregoing, there is no basis for granting the app

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJF___  __LGH__  _JS_____  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 Slone  _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004533                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|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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