RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20050009253


      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             |
|     |Mrs. Nancy L. Amos                |     |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, in effect, promotion reconsideration to
Colonel, O-6 under the fiscal year 2004 (FY04) criteria.

2.  The applicant states he was released form active duty in September 1992
under the Voluntary Separation Incentive (VSI) program.  He was recalled to
active duty on 21 December 2001 for duty in Korea with follow on duty in
Colombia, South America.  The U. S. Army Reserve (USAR) did not acknowledge
his transfer until early 2004 and no records were ever transferred.
Without notice, the FY05 Battalion Command board considered his file that
contained only an Officer Record Brief (ORB).  Last year's primary zone
promotion board saw bad fax copies of records sent from his personal files.
 Confirmation of the reinstatement of his Regular Army commission was held
up in the Senate.  He may be forced to retire 2 years ahead of his June
2008 mandatory release date given the limitations of a USAR commissioned
officer serving on active duty.

3.  The applicant provides voluntary recall orders dated 21 December 2001;
U. S. Army Reserve Personnel Command (ARPERSCOM) orders dated 22 September
2003 transferring him to the Retired Reserve; a military records question
email; a records transfer date email; and FY02 and FY03 Command Boards
email.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant was appointed a
second lieutenant in the Regular Army, out of the Reserve Officers'
Training Corps, on  25 April 1980.  He was discharged on 30 September 1992
under the VSI and accepted appointment as a captain in the USAR on 1
October 1992.  He was promoted to lieutenant colonel on 1 September 1999.

2.  On orders dated 21 December 2001, the applicant was voluntarily ordered
   to active duty for 3 years in a voluntary indefinite status.  He entered
active duty on 8 January 2002.  The orders did not stipulate that he would
remain on the Reserve Active Status List (RASL).

3.  ARPERSCOM Orders dated 22 September 2003 released the applicant from
the USAR Control Group (Reinforcement) and transferred him to the Retired
Reserve for non-participation.  These orders were apparently revoked on an
unknown date.

4.  The applicant was considered for promotion by the FY04 Colonel
promotion selection board that convened on 27 July 2004 and adjourned on 30
August 2004.  The promotion board considered approximately 68 documents on
the applicant promotion file to include 37 Officer Evaluation Reports
and/or Academic Evaluation Reports and about 21 award documents to include
award certificates/orders, letters of appreciation, and certificates of
achievement.  The documents were provided and viewed by the board on disc.
All of the documents were legible.  Except for a few early documents, most
were highly legible.  Only two documents (Parachute duty/Parachute Badge
orders and an undated letter of appreciation received when the applicant
was a first lieutenant) required an effort to decipher.

5.  On 29 June 2005, the applicant was appointed a lieutenant colonel in
the Regular Army.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged personnel at ARPERSCOM may have misunderstood the
applicant's correct status.  ARPERSCOM should never have transferred him to
the Retired Reserve in September 2003 when he should have been transferred,
along with his records, to the active duty list in December 2001.

2.  The applicant's contention the FY04 Colonel promotion selection board
saw "bad" fax copies of records sent from his personal files has been
considered.  However, the quality of the documents reviewed by the
promotion board has been reviewed by this Board.  There appears to be no
merit to his contention.  The record reviewed by the promotion selection
board appears to have been a complete file and almost all of the documents
reviewed by that board were highly legible.

3.  The applicant has since been appointed in the Regular Army so his
concern about the limitations of a USAR commissioned officer serving on
active duty is no longer valid.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __jam___  __lmd___  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.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009253                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.11                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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