RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 October 2005
      DOCKET NUMBER:  AR20050005662


      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:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 (DOR) for captain
from 28 June 2001 to 18 April 2000.

2.  The applicant states, in effect, that his DOR should be adjusted to a
date that reflects a maximum of 7 combined years service as a lieutenant.

3.  The applicant provides copies of his ARPC Form 155-R (Promotion
Qualification Statement), his completion document for the officer basic
course, his appointment memorandum, his promotion memorandum for first
lieutenant, his promotion eligibility memorandum, and his promotion orders
for captain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
Illinois Army National Guard as a second lieutenant effective 23 August
1993.  He was promoted to first lieutenant effective 22 August 1996.

2.  His ARPC Form 155-R verifies that he was assigned to a captain's
position effective 1 August 2000.

3.  Based on the maximum of 7 combined years of service as a lieutenant,
his maximum years of service in grade (MYIG) for promotion to captain was
22 August 2000.

4.  The applicant was considered and selected for promotion to captain by
the 2000 Reserve Components Selection Board (RCSB), which convened on
13 November and recessed on 15 December 2000.  The President approved the
board results on 20 March 2001.  He was extended Federal Recognition and
promoted to captain effective 28 June 2001.  Based on his MYIG, he should
have been considered by the 1999 RCSB that the President approved on
18 April 2000.

5.  The applicant's records show that he completed the required military
and civilian education for promotion prior to being promoted to captain and
prior to his eligibility (MYIG) date.  The Promotion Qualification
Statement submitted by the applicant verified the required position
assignment, active status, medical qualification, and security clearance
for promotion purposes.


6.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the Army Board for Correction of Military Records (ABCMR) which
could adjust DOR’s for those who were first-time considered and selected
for promotion to captain, after having served more than 7 combined MYIG as
a lieutenant.

7.  The ROPMA prescribed the policies and procedures to consolidate and
modernize the laws governing the management of Reserve component officers.
ROPMA specified that a second lieutenant (2LT) serve a MYIG of 2 years
before promotion to 1LT, and a 1LT serve a MYIG of 5 years before promotion
to captain.  The Reserve Officer Personnel Act in effect prior to ROPMA
required completion of 3 years as a 2LT and 4 years as a 1LT before
promotion to captain.

8.  ROPMA further specifies that the officer must be serving in a position
requiring the higher grade or assigned to the Individual Ready Reserve or
an Individual Mobilization Augmentee position.  Officers serving in the
Individual Ready Reserve will be promoted on the date they complete their
MYIG.  Promotion policy also requires completion of the necessary military
education (officer basic course) and civilian education (baccalaureate
degree).

9.  The ROPMA promotion boards for captains were administratively delayed.
The Presidential approvals of the results of the pertinent promotion boards
were also administratively delayed.  Based on normal processing, they
should have been convened earlier and approved approximately 100 days after
the respective recess dates.  Based on the normal processing of the 1999
RCSB, which convened on 9 November and recessed 10 December 1999, the
applicant should have been approved on 20 March 2000.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for captain to
1 August 2000, the date of his assignment to a captain's position, had he
been timely considered for promotion prior to his MYIG date.  The applicant
was unjustly and unfairly required to serve beyond the required MYIG.



2.  Although the applicant was selected for promotion to captain the first
time he was considered after the enactment of ROPMA, the untimely promotion
consideration and delay of his promotion created an injustice that should
now be corrected.

3.  The applicant was otherwise qualified for promotion to captain with an
adjusted DOR and met all other prerequisites for promotion on 1 August
2000.

4.  The applicant was prevented from equitable promotion consideration,
unlike others in his grade in earlier and later year groups who were
considered before and after him, and was unjustly considered well after his
eligibility.  He was eligible for promotion consideration prior to his MYIG
date so that, if selected, he may have been promoted on or prior to his
MYIG date.  He was unjustly required to serve in grade beyond the 7 years
required by ROPMA and denied timely consideration.  The further delay for
promotion board proceeding preparation and processing for Presidential
approval compounded the unfair circumstances.  It is concluded therefore,
that had he been timely considered for promotion prior to his MYIG date,
and based on his first-time consideration/selection, a reasonable chance
would have resulted that he would have been selected and respectively
promoted on or before his MYIG date, and entitled to an earlier promotion,
DOR, and pay and allowances.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RR___  __BJE___  _HOF___  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 Department of the Army records of the individual
concerned be corrected by showing he was promoted to captain with an
adjusted promotion effective date and date of rank of 1 August 2000, with
entitlement to the pay and allowances in the higher grade on that date.

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
an adjustment to his promotion effective date and date of rank for captain
to 18 April 2000.




                                  _          Barbara J. Ellis_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005662                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/19                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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