RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      20 October 2005
      DOCKET NUMBER:  AR20050011759


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, adjustment to her date of rank (DOR)
for captain from 19 May 2001 to 1 November 1999.

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.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was appointed in the
United States Army Reserve as a second lieutenant effective 14 May 1993.
She was promoted to first lieutenant effective 28 May 1996.

2.  Based on the maximum of 7 combined years of service as a lieutenant,
her maximum years of service in grade (MYIG) for promotion to captain was
13 May 2000.

3.  Her ARPC Form 155-R verifies that she was assigned to a captain's
position effective 1 March 2001.

4.  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 have been
considered by the 1999 RCSB that the President approved on 18 April 2000.
She was promoted to captain effective 19 May 2001.

5.  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 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 Reserve Officer Personnel Management Act (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 1999 RCSB, which
convened on 9 November and recessed 10 December 1999, should have been
approved on 20 March 2000.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to her promotion effective date and date of rank for captain to
1 March 2001, the date of her assignment to a captain's position, had she
been timely considered for promotion prior to 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
promotion consideration and delay of her 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 1 March 2001.

4.  The applicant was precluded from equitable promotion, unlike others in
her grade in earlier and later year groups who were promoted before and
after her, and was unjustly promoted well after her eligibility.  She was
eligible for promotion 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 and denied timely
consideration.  The delay for promotion board proceeding preparation and
processing for Presidential approval compounded the unfair circumstances.
It is concluded therefore, that had the promotion boards been timely
processed prior to her MYIG date, and based on her selection, a reasonable
chance would have resulted that she would have been respectively promoted
on or before her MYIG date, and entitled to an earlier promotion, an
adjusted DOR, and entitled to the pay and allowances in the higher grade.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JBG____  __JRM__  __JTM__  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 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 1 March 2001, with
entitlement to the pay and allowances in the higher grade on that date.

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 her promotion effective date and date of rank for captain to
1 November 1999.




                                  __    John T. Meixell_    _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011759                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/20                              |
|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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