RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  25 October 2005
      DOCKET NUMBER:  AR20050012141


      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 (DOR) for captain
from 25 July 2000 to 25 July 1999.

2.  The applicant states, in effect, that his DOR should be adjusted to a
date that reflects a maximum of 7 combined years service as a lieutenant.

3.  The applicant provides his ARPC Form 155-R (Promotion Qualification
Statement), copies of his completion documents for the officer basic course
and baccalaureate degree, his DA Form 873 (Certificate of Clearance and/or
Security Determination), his promotion memorandums for first lieutenant and
captain, his officer record brief, and his assignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve as a second lieutenant effective 25 July 1992.
He was promoted to first lieutenant effective 24 July 1995.

2.  Based on the maximum of 7 combined years of service as a lieutenant,
his maximum years of service in grade (MYIG) for promotion to captain was
24 July 1999.

3.  His ARPC Form 155-R verifies that he was assigned to the Individual
Ready Reserve on his MYIG date.

4.  The applicant was considered and selected for promotion to captain by
the 1999 Reserve Components Selection Board (RCSB), which convened on
9 November and recessed on 10 December 1999.  The President approved the
board results on 18 April 2000.  He was promoted to captain effective
2 October 2000.  Based on his MYIG he should have been considered by the
1998 RCSB that the President approved on 1 April 1999.

5.  The applicant's records show that he completed the required military
and civilian education for promotion prior to being promoted to captain and
prior to his 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 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 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.  Officers serving in the
Individual Ready Reserve 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).

9.  The ROPMA promotion boards for captains were administratively delayed.
The Presidential approvals 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 the normal processing the 1998 RCSB,
which convened on 9 November and recessed 10 December 1998 should have been
approved on 21 March 1999.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for captain to
24 July 1999, his MYIG date, had he been timely considered for promotion
prior to his 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 he was considered after the enactment of ROPMA, the untimely promotion
consideration and delay of his 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 his appropriate commander/manager, and met
all other prerequisites for promotion on 24 July 1999.

4.  The applicant was prevented from equitable promotion consideration,
unlike others in his grade in earlier and later year groups who were
considered before and after him, and was unjustly considered well after his
eligibility.  He was eligible for promotion consideration prior to his MYIG
date so that, if selected, he may have been promoted on or prior to his
MYIG date.  He was unjustly required to serve in grade beyond the 7 years
required by ROPMA and denied timely consideration.  The further delay for
promotion board proceeding preparation and processing for Presidential
approval compounded the unfair circumstances.  It is concluded therefore,
that had he been timely considered for promotion prior to his MYIG date,
and based on his first-time consideration/selection, a reasonable chance
would have resulted that he would have been selected and respectively
promoted on or before his MYIG date, and entitled to an earlier promotion,
DOR, and pay and allowances.

BOARD VOTE:

_JEA___  _JAM____  _LMD  __  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 he was promoted to captain with an adjusted promotion effective
date and date of rank of 24 July 1999, with entitlement to the pay and
allowances in the higher grade on that date.




                                  ___James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012141                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/25                              |
|TYPE OF DISCHARGE       |                                        |
|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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