RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050010315


      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. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 his date of rank (DOR) to lieutenant
colonel (LTC) be amended to 4 January 1994 and that his DOR for colonel
(COL) be amended to 3 January 1999.

2.  The applicant states that he completed the promotion packet several
times for promotion to LTC after he was selected by a Department of the
Army Mandatory Promotion Board on 4 January 1994 but his Battalion S-1
never forwarded his promotion packet.  The applicant continues that
possible reasons for his packet not being forwarded are discrimination,
prejudice, and/or to avoid competition on the Merit List.

3.  The applicant states that he was selected by a Department of the Army
Mandatory Promotion Board for the grade of COL before he was promoted to
LTC and that his promotion to COL was delayed due to the gross negligence
of the Battalion S-1.  The applicant concludes that the Battalion S-1 did
not take timely action on his promotion package and did not forward his
promotion package to the COL Promotion Board on time.

4.  The applicant provides numerous documents from his Official Military
Personnel File in support of this case.

CONSIDERATION OF EVIDENCE:

1.  On 21 April 1994, the applicant applied for permanent Federal
Recognition as a major in the Medical Corps of the Texas Army National
Guard (TXARNG).

2.  TXARNG Orders Number 91-177, dated 13 May 1994, show that the applicant
was appointed as a major in the Medical Corps of the TXARNG on 6 May 1994.

3.  National Guard Bureau Federal Recognition Orders Number 51 AR, dated
8 July 1994, awarded the applicant permanent Federal Recognition for
appointment to the grade of major in the TXARNG, effective 6 May 1994.

4.  Department of the Army, U.S. Total Army Personnel Command memorandum,
dated 20 April 1998, shows that the applicant was selected for promotion to
the grade of LTC with the effective date of 17 October 1997 or the date of
Federal Recognition in the higher grade.

5.  The applicant's records contain an endorsement with the subject "Delay
of Promotion as a Reserve of the Army and Army National Guard Officer"
which shows that he elected to delay his promotion to the grade of major
[sic LTC] until 17 October 2000 and that this date could not be later than
three years from his promotion eligibility date of 17 October 1997

6.  In this endorsement, the applicant acknowledged that he understood that
by delaying this promotion his name will be retained on the promotion list
for a period not to exceed three years and the he understood that any time
during the period of delay or at the end of the approved period of delay,
that he must choose one of the following options: be promoted into the
higher grade providing a position is available and if there is no higher
graded position is available, then the Federal Recognition will be
withdrawn and he will be transferred to the Individual Ready Reserve and be
promoted; or decline the promotion which equates to a nonselection.
Failure to choose an option results in removal from the promotion list,
considered a nonselect, and ineligible for a position vacancy promotion.

7.  The applicant's records contain a second endorsement, dated 15 June
2000, which states that the applicant's request for delay (3rd delay) of
his promotion to the grade of LTC was approved for a period of one year
which expired on 16 October 2000.

8.  TXARNG Orders Number 168-294, dated 16 June 2000, show that the
applicant was promoted to LTC effective 16 June 2000.

9.  National Guard Bureau memorandum, dated 7 July 2000, show that the
applicant was promoted to the grade of LTC as a Reserve Commissioned
Officer of the Army effective 7 July 2000 with the DOR 4 January 1994.

10.  National Guard Bureau Federal Recognition Orders Number 94 AR, dated
7 July 2000, awarded the applicant permanent Federal Recognition for
promotion to the grade of LTC in the TXARNG, effective 7 July 2000.

11.  Department of the Army, U.S. Total Army Personnel Command memorandum,
dated 29 November 2001, shows that the applicant was selected for promotion
to the grade of COL with the effective date of 3 January 1999 or the date
of Federal Recognition in the higher grade.

12.  TXARNG Orders Number 267-1015, dated 24 September 2002, show that the
applicant was promoted to the grade of COL effective 23 September 2002.
These orders also show the entry "30 Oct 02" penned in next to the
effective date.

13.  National Guard Bureau memorandum, dated 30 October 2002, show that the
applicant was promoted to the grade of COL as a Reserve Commissioned
Officer of the Army effective 30 October 2002 with the DOR of 30 October
2002.

14.  National Guard Bureau Federal Recognition Orders Number 301 AR, dated
30 October 2002, awarded the applicant permanent Federal Recognition for
promotion to the grade of COL in the TXARNG, effective 30 October 2002.

15.  Records show that the applicant delayed his promotion to the grade of
COL until 27 June 2003.  In the applicant's request for delay of his
promotion, he acknowledged that the delay could not be longer than three
years from his promotion eligibility date of 28 June 2001.  The applicant
further acknowledged that he had must accept one of the available options
prior to the expiration of his delay.

16.  Records further show that the applicant's request for voluntary delay
of his promotion was approved for a period of two years which expired on 27
June 2003.

17.  On 18 November 2003, the applicant received notification of
eligibility for retired pay at age 60 commonly known as the Twenty-Year
Letter.

18.  The Chief of the Personnel Division of the National Guard Bureau
provided a three-page comprehensive advisory opinion for consideration with
this application.

19.  The Chief of the Personnel Division recommended denial of the
applicant's request based on the fact that he voluntarily requested delay
of his promotion to LTC and his promotion to COL.  In each case, the
applicant's request for delay was approved by the Adjutant General of the
State of Texas.

20.  The advisory opinion was furnished to the applicant for review and
rebuttal.  The applicant did not provide a written response to the advisory
opinion.

21.  Chapter 8 of National Guard Regulation 600-100 (Commissioned Officer-
Federal Recognition and Related Personnel Actions) states declination of a
mandatory promotion will be accomplished in accordance with Army Regulation
135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than
General Officers).  The declination period may be granted by the governor
or his designated representative in any increment up to a maximum of three
years from the date the promotion board adjourned.  Officers must transfer
to the USAR Control Group and accept promotion to the next higher grade
effective the last day of the declination.
22.  Paragraph 4-22 of Army Regulation 135-155 states that officers who are
selected for promotion to the next higher grade may voluntarily request
delay of the promotion for a period authorized in this regulation.  Delay
beyond the maximum period is not authorized unless approved by the DSC,G-1.
 Request for exception will not be considered unless the area commander or
adjutant general recommends approval.  Denial of a voluntary request for
delay will not considered a failure of selection for promotion unless the
officer declines to accept the promotion.  The approval authority for
officers of the Army National Guard of the United States is the adjutant
general of the state.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DOR to LTC should be amended to 4
January 1994 and that his DOR for COL should be amended to 3 January 1999.

2.  The applicant contends that the Battalion S-1 did not properly process
his promotion packets for LTC and COL.

3.  There is no evidence in the available records and the applicant has not
provided sufficient evidence showing that his promotion packets were not
processed in a timely manner by personnel assigned to the TXARNG.

4.  Additionally, the applicant's records clearly show that he voluntarily
requested delay in accepting promotion to both the LTC and COL grades.  As
a result of his voluntary delay in promotion, his records are correct as
currently constituted and there is no basis to grant the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RTD____  _RMN___  _DAC__  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.





                                       Richard T. Dunbar_
                                            CHAIRPERSON



                                    INDEX

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


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