RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050006848


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, that her date of rank for promotion
to the grade of major be changed to 25 May 2001, the date of her
eligibility for promotion.

2.  The applicant states, in effect, that she was selected for promotion to
the grade of major and the 2001 Major Army Promotion List announced her
date of rank as 27 June 2001.  The applicant also states that she was
promoted to the grade of captain with a date of rank of 26 May 1994.
Therefore, her date of rank for promotion to the grade of major and
promotion eligibility date (which should be seven years later) should be
corrected to read 25 May 2001.

3.  The applicant provides two memoranda from Headquarters, U.S. Total Army
Personnel Command, St. Louis, Missouri, dated 12 February 1997 and
26 July 2001, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that she was appointed a commissioned
officer in the U.S. Army Reserve Control Group on 14 May 1987 and is
currently serving as a major in the Active Guard/Reserve (AGR) program.

2.  Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri
memorandum, dated 12 February 1997, announced the applicant's promotion to
the grade of captain as a Reserve Commissioned Officer of the Army Under
Title 10 of United States Code (USC).  This document shows that the
applicant's time in grade for promotion to the next grade will be computed
from 26 May 1994.

3.  Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri
memorandum, dated 26 July 2001, announced the applicant's promotion to the
grade of major as a Reserve Commissioned Officer of the Army in Active
Guard/Reserve Status Under the Provision of Title 10 of USC, Chapter 1405.
This document shows the effective date of the promotion to be 27 June 2001.
 This document also shows that the officer was assigned to a position equal
to or higher than the grade shown (i.e., major), in accordance with Title
10 USC, Chapter 1405, on the date shown (i.e., 27 June 2001).




4.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Promotions Branch, Office of Promotions, Reserve
Components, U.S. Army Human Resources Command, St. Louis, Missouri.  This
official confirmed that the applicant was selected for promotion to major
by the 2001 Department of the Army Reserve Components Selection Board with
a promotion eligibility date of 25 May 2001 and was promoted with a date of
rank of 27 June 2001, the date the board results were approved.  However,
this official recommended approval of the applicant’s request for a change
to her date of rank for promotion to the grade of major, as the applicant
was serving in a higher graded position on her promotion eligibility date.

5.  On 3 October 2005, the applicant was provided a copy of the advisory
opinion in order to have the opportunity to respond.  On 9 October 2005,
the applicant responded indicating that she concurred with the advisory
opinion rendered in her case.

6.  Title 10 of USC, Chapter 1405, Section 14304 (Eligibility for
Consideration for Promotion:  Maximum Years of Service in Grade) provides
for the consideration for promotion within specified times.  It provides,
in pertinent part, that officers shall be considered for promotion to the
next higher grade by a promotion board convened under section 14101(a) of
this title, far enough in advance of completing the years of service in
grade specified in the table so that, if the officer is recommend for
promotion, the promotion may be effective on or before the date on which
the officer will complete those years of service.  In the case of an Army
officer in the grade of captain, the maximum years of service in grade is
seven (7) years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her date of rank for promotion
to major should be changed to 25 May 2001 because Title 10 of USC
establishes the maximum years of service in grade for promotion to major as
seven years.

2.  Evidence of record shows that the applicant was promoted to the grade
of captain, with a date of rank of 26 May 1994.

3.  Evidence of record also shows that the applicant was promoted to the
grade of major, with a date of rank of 27 June 2001; the date the board
results were approved.  This was one month and two days after the applicant
completed the maximum years of service in grade specified in Title 10 of
USC, Chapter 1405, Section 14304.

4.  The advisory opinion obtained from the Chief, Promotions Branch, Office
of Promotions, Reserve Components, U.S. Army Human Resources Command,
confirmed that the applicant was serving in a higher graded position on her
promotion eligibility date and recommends approval of the applicant's
request.

5.  Evidence of record shows that the applicant's date of rank for the
grade of captain was 26 May 1994, that she was serving in a higher graded
position on her promotion eligibility date, and that the date the applicant
attained the maximum years of service in grade for promotion to major was
25 May 2001.  Therefore, the applicant is entitled to correction of her
records to show her date of rank for promotion to the grade of major as 25
May 2001.

BOARD VOTE:

___SK __  __DJA __  __DRT __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing her date of rank as 25 May 2001, for promotion to the grade of
major.




                                  ____STANLEY KELLEY______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006848                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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