RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      15 November 2005
      DOCKET NUMBER:  AR20050010218


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 her date of rank (DOR) for captain
from 21 October 2002 to 27 May 2001.

2.  The applicant states, in effect, that her DOR should be adjusted to a
date that reflects a maximum of 7 combined years service as a lieutenant.
She also states that she received a memorandum from the Chief, Office of
Promotions, Reserve Components that identified she could apply for an
adjustment to her date of rank based on a one-year delay for mandatory
promotion to captain due to a change in Army policy.  This change of policy
took place when she was in the Individual Ready Reserve (IRR).

3.  The applicant provides copies of her ARPC Form 155-R (Promotion
Qualification Statement), her Notification of Promotion Status memorandum,
her completion documents for the officer basic course and baccalaureate
degree, her appointment memorandum, her recommendation for promotion to
first lieutenant, her promotion memorandum for captain, and her officer
record brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was appointed in the
Regular Army as a second lieutenant effective 7 May 1994.  She was promoted
to first lieutenant effective 28 May 1996.

2.  She was discharged from active duty effective 22 July 1997 and
transferred to the United States Army Reserve Control Group (IRR).

3.  Based on the maximum of 7 combined years of service as a lieutenant and
the 5 years time in grade as a first lieutenant, her maximum years of
service in grade (MYIG) for promotion to captain was 27 May 2001.

4.  Her ARPC Form 155-R verifies that she was assigned to the IRR on her
MYIG date.

5.  The applicant was considered and selected for promotion to captain by
the 2000 Reserve Components Selection Board (RCSB), which convened on
13 November and recessed on 15 December 2000.  The President approved the
board results on 20 March 2001.  Based on her MYIG she should was
considered by the appropriate RCSB.


6.  On 26 April 2001, the Chief, Office of Promotion, Reserve Components,
Army Human Resources Command – St. Louis, Missouri, issued the applicant a
Notification of Promotion Status memorandum that stated that she had been
selected for promotion to captain by the 2000 RCSB with a promotion
eligibility date of 27 May 2001, based on completion of the required 5
years time in grade.

7.  She was promoted to captain effective 21 October 2001.

8.  The applicant is currently mobilized and serving on active duty.

9.  The applicant's records show that she completed the required military
and civilian education for promotion prior to being promoted to captain and
prior to her eligibility (MYIG) date.  The Promotion Qualification
Statement submitted by the applicant verified the required assignment,
active status, medical qualification, and security clearance for promotion
purposes.

10.  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.

11.  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 serve a MYIG of 2 years before
promotion to first lieutenant, and a first lieutenant 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 second lieutenant
and 4 years as a first lieutenant before promotion to captain.

12.  ROPMA further specifies that the officer must be serving in a position
requiring the higher grade or assigned to the IRR or an Individual
Mobilization Augmentee position.  Officers serving in the IRR will be
promoted on the date they complete their MYIG.  Promotion policy also
requires completion of the necessary military education (officer basic
course) and civilian education (baccalaureate degree).



DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to her promotion effective date and DOR for captain to 27 May
2001, her MYIG date.  The applicant was unjustly and unfairly required to
serve beyond the required MYIG.

2.  Although the applicant was selected for promotion to captain the first
time she was considered after the enactment of ROPMA, the untimely delay of
her promotion created an injustice that should now be corrected.

3.  The applicant was otherwise qualified for promotion to captain with an
adjusted DOR, as determined by her appropriate commander/manager, and met
all other prerequisites for promotion on 27 May 2001.

4.  The applicant was prevented from equitable promotion, unlike others in
her grade in earlier year groups who were considered before her, and was
unjustly promoted well after her eligibility.  She was eligible for
promotion consideration prior to her MYIG date so that, if selected, she
may have been promoted on or prior to her MYIG date.  She was unjustly
required to serve in grade beyond the 7 years required by ROPMA.  It is
concluded therefore, that based on her first-time consideration/selection,
she is entitled an adjusted promotion effective date, DOR, and pay and
allowances.

BOARD VOTE:

__SK____  __JTM__  _RLD___  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 she was promoted to captain with an adjusted promotion effective
date and date of rank of 6 May 2001, with entitlement to the pay and
allowances in the higher grade on that date.




                                  ____ Stanley Kelley______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010218                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |Active duty                             |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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