RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      19 October 2005
      DOCKET NUMBER:  AR20050008081


      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 2 June 2000 to 1 April 1999.

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.
He also states that his Reserve Officer Personnel Management Act (ROPMA)
packet was forwarded to the Army Reserve Personnel Command when it was
originally issued in the 2001 timeframe.  As he investigated the fiscal
year 2005 promotion board, the Human Resources Command (HRC) advised him
that there was no record of his DOR request packet.  They immediately
forwarded him a new packet, which he completed to the best of his ability.
A favorable action from the Board may enable him to request consideration
by a special board.  He is currently serving in the Iraqi Theater of
Operations on his second combat tour.

3.  The applicant provides his ARPC Form 155-R (Promotion Qualification
Statement), copies of his completion documents for the officer basic course
and baccalaureate degree, his DA Form 873 (Certificate of Clearance and/or
Security Determination), and his active duty assignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve as a second lieutenant effective 16 October
1992.  He was promoted to first lieutenant effective 15 October 1995.

2.  His ARPC Form 155-R verifies that he was assigned to a captain's
position effective 1 June 1995.

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
15 October 1999.

4.  The applicant was considered and selected for promotion to captain by
the 1999 Reserve Components Selection Board (RCSB), which convened on
9 November and recessed on 10 December 1999.  The President approved the
board results on 18 April 2000.  Based on his MYIG he should have been
considered by the 1998 RCSB that the President approved on 1 April 1999.
He was promoted to captain effective 2 June 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 first lieutenant (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.  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.
Presidential approval 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 normal processing, the 1998 RCSB, which
convened on 9 November and recessed 11 December 1999, should have been
approved on 21 March 1999.

10.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that promotion


consideration/reconsideration by a special selection board (SSB) may only
be based on erroneous non-consideration or material error that existed in
the record at the time of consideration.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment to his promotion effective date and date of rank for captain
to 21 March 1999, the date final board action should have occurred had the
1998 RCSB been timely processed for promotion on or before his MYIG date.

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 and met
all other prerequisites for promotion on 21 March 1999.

4.  The applicant was precluded 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 could 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 and selection, a reasonable
chance would have resulted that he would have been selected and promoted on
or before his MYIG date, and entitled to an earlier promotion, an adjusted
DOR, and entitled to the pay and allowances.

5.  Based on this adjustment to his DOR for captain to 21 March 1999, the
applicant is eligible for promotion consideration to major with a promotion
eligibility date of 20 March 2006 and/or possible consideration by a SSB.
Therefore, he may submit a request to the Office of Promotions, Reserve
Components, HRC, ATTN:  HRC-MSL-N, 9700 Page Avenue, St. Louis, Missouri
63132-5200 for consideration.



BOARD VOTE:

_RR_____  __BJE___  __HOF_  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 he was promoted to captain with an adjusted promotion effective
date and date of rank of 21 March 1999, with entitlement to the pay and
allowances in the higher grade on that date.




                                             Barbara J. Ellis_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008081                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/19                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]