RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      25 October 2005
      DOCKET NUMBER:  AR20050009239


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 for second
lieutenant to 28 May 1995, date of rank for first lieutenant to 20 June
1997, date of rank for and captain to 28 December 1999.

2.  The applicant states that he received a partial rendered decision from
the Board dated 3 February 2005.  He was granted an additional 3.5 days
constructive service credit (CSC) for his civilian nursing experience.  The
additional 3.5 days granted him 2 years, 11 months, and 13.5 days CSC.
This partial decision did not adjust the inequity to his dates of rank.  It
did not adjust the damages caused to his career.  He also states that he
had never been advised of the existence of a DA Form 5074-1-R (Record of
Award of Entry Grade Credit (Health Services Officers)).  If he had been
advised of this document, then he could have put forward a first lieutenant
promotion packet immediately followed by his captain promotion packet.  His
entire career advancement has been delayed by a factor of 2 years, 11
months, and 13.5 days.

3.  In his rebuttal to his 2005 Board decision, he further states that
according to a DA Form 5074-1-R, he was awarded 2 years, 11 months, and 10
days CSC; therefore, his corrected date of rank for second lieutenant was
28 May 1995.  He was never aware of this credit.  He is requesting all of
his promotions be backdated by 2 years, 11 months, and 13.5 days.

4.  The applicant provides copies of his Recommendation for Appointment
memorandum in the Army National Guard (ARNG), his appointment orders, his
DA Form 5074-1-R, his Federal Recognition and promotion orders for first
lieutenant and captain, his DD Form 149 (Application for Correction of
Military Records) dated 11 March 2004, his Board decision notification
letter dated 3 February 2005, and his Board Proceedings dated 11 January
2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was issued orders appointing
him in the Massachusetts (MA) ARNG, Army Nurse Corps (ANC), as a second
lieutenant effective 8 June 1998.

2.  On 30 November 1998, the National Guard Bureau issued orders extending
Federal Recognition and appointing the applicant in the MAARNG, ANC, as a
second lieutenant effective 30 June 1998.

3.  The applicant's DA Form 5074-1-R, dated 7 July 1998, shows he was
awarded a Bachelor of Science Degree in Nursing on 28 December 1995.  The
DA Form 5074-1-R also shows that he received zero CSC for a basic
qualifying degree, zero CSC for advanced education beyond basic qualifying
degree, zero CSC for post baccalaureate education, and 2 years, 11 months,
and 10 days CSC for professional experience.  The total awarded CSC was
applied towards his entry date of rank and adjusted his date of rank for
second lieutenant from 30 June 1998 to 20 July 1995.

4.  Based on his adjusted date of rank for second lieutenant and the
required completion of 2 years time in grade, his maximum time in grade for
first lieutenant was 19 July 1997.

5.  He completed the Army Medical Department (AMEDD) Officer Basic Course
(OBC) effective 14 May 1999.

6.  He was promoted to first lieutenant effective 21 June 2000.

7.  Based on his date of rank for first lieutenant of 21 June 2000 and the
required completion of 5 year time in grade, his MTIG date for captain was
20 June 2005.

8.  He was extended Federal Recognition and promoted to captain effective
8 January 2003.

9.  On 11 March 2004, the applicant submitted a request to the Board for
adjustment to his date of rank for captain from 8 January 2003 to 28
January 2000.

10.  On 11 January 2005, the Board recommended the applicant be awarded an
additional 3.5 days CSC based on his amended employment start date for a
total award of 2 years, 11 months, and 13.5 days CSC at his initial
appointment in the MAARNG.  The Board denied his request for adjustment to
his date of rank for captain.  On 3 February 2005, the Director, Army Board
for Correction of Military Records, notified the applicant of the Board's
decision.

11.  Army Regulation 135-101, prescribes the policies, procedures and
eligibility criteria for appointment of commissioned officers in the
Reserve, in the six branches of the AMEDD to include the ANC.  This
regulation provides that officers will be granted CSC for periods of
professional training and experience accrued after receipt of the basic
qualifying degree.  Individuals appointed with less than 3 years will be
appointed as a second lieutenant.  Authorized credit in excess of the
minimum required for appointment to the appropriate grade will be used to
adjust the date of rank within that grade.

12.  Army Regulation 135-155, prescribes the policies and procedures for
the promotion of Reserve and ARNG officers.  This regulation provides that
individuals will receive mandatory promotion consideration prior to their
promotion eligibility dates so that, if selected, they may be promoted on
their future promotion eligibility dates.  The regulation also specifies
that promotion to first lieutenant requires completion of 2 years time in
grade and a branch OBC.  Promotion to captain requires completion of
5 years time in grade. The regulation further specifies that an officer
recommended for promotion to the next higher grade must meet promotion
eligibility requirements, i.e., be medically qualified, have undergone a
favorable security screening and meet the standards of the Army Weight
Control Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the MAARNG effective 30 June 1998.
Subsequent to his initial appointment, he was awarded 2 years, 11 months,
and 10 days CSC and an adjusted date of rank for second lieutenant of
20 July 1995, based on the awarded CSC.  With a date of rank of 20 July
1995 he was eligible for promotion to first lieutenant with a promotion
eligibility date of 19 July 1997.  He was promoted to first lieutenant
effective 21 June 2000.  In 2005, the Board recommended the applicant's
records be corrected to show he was awarded 3.5 additional days CSC for a
total award of 2 years, 11 months, and 13.5 days CSC which would have
adjusted his date of rank for second lieutenant to 16 July 1995. Pertinent
regulations show that Reserve officers may be promoted to first lieutenant
upon completion of 2 years time in the lower grade and a branch OBC. Since
the applicant's unit was unaware of his CSC he was promoted with no
allowance of this credit.  Through no fault of his own, the applicant was
not given fair computation of his CSC at the time of his initial
appointment in the MAARNG and was not timely promoted to first lieutenant.


2.  The applicant did not complete the AMEDD OBC until 14 May 1999;
therefore, this is the earliest date he was eligible for promotion to first
lieutenant. Based on his promotion to first lieutenant in 2000, he is
entitled to correction of his date of rank for first lieutenant to 14 May
1999.

3.  The applicant is not entitled to adjustment of his date of rank for
captain to 28 December 1999.  The applicant was extended Federal
Recognition and promoted to captain effective 8 January 2003.  Based on an
adjustment to his date of rank for first lieutenant to 14 May 1999, he was
entitled to fair and timely promotion consideration for captain with a
promotion eligibility date of 13 May 2004.  In retrospect, he received an
early promotion to captain and date of rank since he was promoted prior to
13 May 2004.

4.  In view of the foregoing, and insofar as the Department of the Army is
concerned, the applicant’s records should be corrected as recommended
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JEA__   ___JAM_  ____LMD_  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 the Massachusetts Army National Guard and Department of
the Army records of the individual concerned be corrected by showing the
individual concerned was promoted to first lieutenant with a date of rank
of 14 May 1999, with entitlement to all pay and allowances based on this
adjustment.

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
adjustment to his date of rank for captain.




                                  __James  E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009239                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|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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