RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       10 January 2006
      DOCKET NUMBER:  AR20050005994


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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
major from 20 November 2004 to June 2003.

2.  The applicant states that he was notified of his promotion soon after
being demobilized from active duty and transferring back in the National
Army Medical Department Augmentation Detachment (NAAD).  He should have
been promoted by the unit he was mobilized with, but it was lost during the
transition.

3.  The applicant provides copies of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), his mobilization orders, his troop
program unit (TPU) to TPU transfer orders, his notification of promotion to
major, and his promotion memorandum for major.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army Reserve, Army Nurse Corps, as a captain, effective 24 April
2000, with 9 years, 10 months, and 23 days constructive service credit.  He
was appointed with a date of rank for captain of 10 July 1993.

2.  Based on the required 7 years minimum time in grade, his promotion
eligibility date (PED) for major was 9 July 2000.

3.  He was considered and selected for promotion to major by the 2003 Army
Medical Department Reserve Components Selection Board that convened on
3 February and recessed on 4 March 2003.  The President approved the board
results on 20 May 2003.

4.  He was ordered to active duty in support of Operation Enduring Freedom
effective 12 March 2003.  He was released from active duty effective 28 May
2003 and he was transferred to a TPU.

5.  He was issued a Notification of Promotion Status memorandum, dated
24 June 2003, advising him of his selection for promotion to major with a
PED of 9 July 2000.  The memorandum also advised that to be promoted, he
must remain in an active status, have a current security clearance, be
medically qualified for retention and meet the standards of the Army body
composition program in Army Regulation 600-9, and otherwise meet the
promotion eligibility criteria set forth in Army Regulation 135-155.

6.  The memorandum further advised that if he was assigned to a TPU, he
must be assigned to a duty position authorized a grade equal to or higher
than the grade in which selected.  Failure to comply with these
instructions may result in his removal from the selection list.

7.  In a Notification of Suspended Promotion Status memorandum, dated
27 June 2003, the Chief, Military Personnel Actions Branch, Army Human
Resources Command (AHRC) – St. Louis, Missouri, advised the applicant,
through his commander, that he was recommended for promotion; however, the
database indicated that he did not meet the requirements.  Promotion action
could not be completed due to the following disqualification:  he was not
assigned to a valid position.

8.  He was reassigned from TPU to TPU (NAAD) within the command effective
29 April 2004.

9.  In a Notification of Suspended Promotion Status memorandum, dated
1 October 2004, the Chief, Military Personnel Actions Branch, AHRC – St.
Louis, advised the applicant, through his commander, that he was
recommended for promotion; however, a review of the database indicated that
he was not in a promotable status.  Promotion action could not be completed
due to the following disqualifications:  his USARC Form 56-R (Promotion
Qualification Statement) and mobilization orders were not on file, he did
not possess a current date for Maximum Allowable Weight (MAW) for height
and weight standards, he did not possess a current date for the Army
Physical Fitness Test (APFT) within the period required, he did not have a
current qualifying physical examination (less than 5 years old), and he was
not assigned to a higher graded position.

10.  In a Notification of Suspended Promotion Status memorandum, dated
5 October 2004, the Chief, Military Personnel Actions Branch, AHRC – St.
Louis, advised the applicant that he was recommended for promotion;
however, the database still indicated that he did not meet the
requirements.  Promotion action could not be completed due to the following
disqualifications:  he must pass an APFT within 12 months of the date of
promotion, he must meet height/weight standards as prescribed by Army
Regulation 600-9 within 12 months of the date of promotion, and he must
have a physical examination on record within 5 years of the date of
promotion.

11.  In a memorandum, dated 12 December 2005, the AMEDD Professional
Management Command, Fort McPherson, Georgia, stated that after further


review of the applicant's promotion documents, it was noticed that his
promotion was suspended for several reasons:  USARC Form 56-5 and
mobilization orders, he did not pass the MAW, he did not have a current
APFT, he did not have a current qualifying physical examination (less than
5 years old), and he was not in a qualifying position.  The biggest hold up
was his physical examination, in which he had a disqualifying code on his
exam.  Once these requirements were met and the disqualifying code was
removed he was then promoted.

12.  An ARPC Form 155-R (Promotion Qualification Statement), dated
30 November 2004, verified the applicant's active status, his updated
security clearance on 2 April 2001, being medically qualified on 6 October
2004, meeting height/weight standards on 29 October 2004, and assignment to
the required position on 20 November 2004, for promotion purposes.

13.  A Promotion Memorandum, dated 10 March 2005, was issued to the
applicant showing his promotion to major with a promotion effective date
and date of rank of 20 November 2004.

14.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that completion
of 7 years time is grade is required before promotion to major.  Officers
assigned to a TPU must be serving in a position requiring the higher grade
or assigned to the Individual Ready Reserve or as an Individual
Mobilization Augmentee.  An officer recommended for promotion must meet
height and weight standards of the Army Body Composition Program, and pass
a current APFT, within the last 12 months of their PED, have a current
physical within 5 years of their PED, have a security clearance, and not be
under a suspension of favorable personnel actions (flagged) per Army
Regulation 600-8-2, Suspensions of Favorable Personnel Actions.

15.  Army Regulation 135-155, Paragraph 4-8, specifies that an officer
found not qualified for promotion to major who was retained in an active
status may be promoted if later determined qualified.  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.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his date of rank for major to June 2003.  He has
not shown error or injustice for the relief he is requesting.

2.  The applicant's contention that he was notified of his promotion soon
after his demobilizing and should have been promoted has been noted.
However, the applicant was demobilized on 28 May 2003 and notified of his
selection for promotion on 24 June 2003.  His promotion notification
advised him that to be promoted with a PED of 9 July 2002, he would have to
meet the promotion eligibility criteria set forth in Army Regulation 135-
155.  The applicant's commander and the applicant were issued several
Notification of Suspended Promotion Status memorandums in June 2003 and
October 2004 pertaining to his non-promotable status and the specified
disqualifications.  Pertinent regulations specify that possession of a
valid security clearance, meeting height and weight standards, passing a
current APFT within the period required by Army Regulation 350-4, and
assignment to a valid position is required for promotion to the next higher
grade.

3.  The applicant's Promotion Qualification Statement shows he met all the
requirements for promotion to major on 20 November 2004.  He was not
eligible for promotion to major in June 2003, as he had not met all the
requirements to include assignment to a higher graded position at that
time.  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.  His date of rank and promotion
effective date for major are proper and he has not shown otherwise.

4.  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

_KLW___  _QAS___  _DED____  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.




                                  ____Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |A20050005994                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|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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