RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050007941


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBraler                 |     |Member               |
|     |Mr. Qawiy 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 that her date of rank (DOR) from first
lieutenant (1LT) to captain (CPT) be changed from 5 (sic) March 2005 to 25
May 2004.

2.  The applicant states she was selected by the board, was qualified for
promotion and her unit was not able to facilitate this.  She states that
her date of qualification was 25 May 2004.

3.  The applicant provides no documents in support her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the
Army Nurse Corps on 16 November 1998 in the rank of second lieutenant.  At
the time of her appointment, she was awarded 1 year, 3 months and 18 days
of creditable service.

2.  She was promoted to the rank of 1LT with an effective date of 27 July
1999.

3.  She was assigned to the National Army Medical Department Mobilization
Support Detachment 1 in Morrow, Georgia on 21 February 2003 and attached to
the National Army Medical Department Augmentation Detachment effective
21 February 2003 for pay, administration and training.

4.  Department of the Army, U.S. Army Human Resources Command, Orders
B-05-501585 dated 5 May 2005 promoted the applicant to the rank of CPT with
an effective date of 4 March 2005 and a date of rank of 4 March 2005.

5.  In the processing of this case, a staff advisory opinion was obtained
from the Chief of Promotions Branch, Office of Promotions, Reserve
Components, U.S. Army Human Resources Command in St. Louis, Missouri.  The
Chief of Promotions Branch recommended denial of the applicant's request
for a DOR adjustment.  The opinion points out that the applicant's DOR to
1LT was 27 July 1999.  Her promotion eligibility date would be 26 July 2004
with five years time in grade to CPT.  The opinion also points out that the
applicant went before the 2004 CPT Army Medical Department (AMEDD),
Department of the Army (DA) Reserve Components Selection Board and was
selected.  The approval date of the board was 27 April 2004.  However, the
applicant was not placed in a CPT position until 4 March 2005.  Therefore,
she was awarded the earliest possible date.

6.  A copy of the advisory opinion was forwarded to the applicant in order
to allow her to submit comment or rebuttal; however, the applicant did not
respond within the allotted timeframe.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other Than General Officers) prescribes the policies and
procedures for promotion of Reserve officers.  The regulation provides that
mandatory selection boards will be convened each year to consider Army
Reserve officers in an active status for promotion to CPT through
lieutenant colonel.

8.  Paragraph 4-21 of Army Regulation 135-155 covers the effective dates of
promotion.  It states, in pertinent part, that unit officers selected by a
mandatory board will have a promotion date and effective date no earlier
that the date the board is approved or the date of Senate confirmation (if
required), provided they are assigned to a position in the higher grade.
When the board approval or, if required, Senate confirmation is before
assignment to the position in the higher grade, the effective date and the
date of promotion will be the date of assignment to the higher graded
position.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the
rank of second lieutenant on 16 November 1998.  She was promoted to 1LT on
27 July 1999.

2.  The advisory opinion states the applicant was selected for promotion to
CPT by the 2004 CPT AMEDD, DA Reserve Components Selection Board and the
board was approved on 27 April 2004.  However, it appears there were no CPT
positions available within her unit at that time.  She was not assigned to
a CPT position until 4 March 2005.  As she was a unit officer, by
regulation, she could not be promoted until she was assigned to a position
in the higher grade.  Therefore, she was promoted on 4 March 2005 with an
effective date and DOR of 4 March 2005.

3.  Based on all the facts, there is no error or injustice that exists in
this case.  Therefore, there is no basis to adjust her DOR to CPT from 5
(or 4) March 2005 to 25 May 2004.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KW______  DD______  QS______  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 Wright________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007941                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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