RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 OCTOBER 2005
      DOCKET NUMBER:  AR20050014165


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette 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 that his date of rank to lieutenant colonel be
changed to 1 October 2004.

2.  The applicant states that he was passed over for promotion to major in
the primary zone for year group 1988.  At that time he was forced into the
Army Reserve in order to save his 13 years of active federal service toward
a retirement.  In September 2004 he requested reconsideration for the 1998
major Army Promotion List (APL) board.  In May 2004 he received a favorable
response and his date of rank changed from July 2000 to December 1998,
making him eligible for promotion to lieutenant colonel; and, he was put
before a special selection board.  In August 2005 he received a favorable
response and was promoted to lieutenant colonel with a date of rank of 1
December 2004, leaving a 2-month gap.  This process has taken him over 6
years to correct and during this time he has missed opportunities for
advancement and professional development based solely on his date of rank.
By backdating his date of rank two months to 1 October 2004, it will align
him with his active Army peers where he should have been all along had the
mistake never happened in 1998.  He was recently selected for the second
time to continue his AGR (Active Guard Reserve) service until August 2010.
The approval of his request will rectify the situation and put him back on
track with his peers.

3.  The applicant provides a copy of a Human Resources Command memorandum
informing him that he had been reconsidered and selected for promotion to
major by a special selection board under the same criteria and instructions
established for the regularly constituted selection board that adjourned in
June 1998.  He provided a copy of the 5 May 2004 order promoting him to
major effective and with a date of rank of 1 December 1998.  He provides a
copy of a 26 July 2005 order published by the Human Resources Command at
St. Louis promoting him to lieutenant colonel effective and with a date of
rank of 1 December 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the Reserve on
       16 October 1987.  He was promoted to captain on 1 May 1992.  His
             25 September 1999 Officer Record Brief (ORB) shows apparently,
that his last assignment in the active Army was as a software engineer at
Fort Lee, Virginia.

2.  As indicated above, the applicant was promoted to major by a special
selection board that adjourned in June 1998, with a date of rank of 1
December 1998, and promoted to lieutenant colonel, again by a special
selection board, with a date of rank of 1 December 2004.

3.  There is no evidence, and the applicant has not provided any, regarding
entitlement to an earlier date of rank to the grade of major or lieutenant
colonel.

4.  Special selection boards will reconsider commissioned officers who were
erroneously not considered for promotion by a mandatory promotion board.
These boards are convened to correct an injustice to an officer who was
eligible for promotion but whose records through error, were not submitted
to a mandatory promotion selection board for consideration; or contained a
material error when reviewed by the mandatory selection board.  The
Commander, Human Resources Command, may find that a material error caused
the nonselection of an officer by a promotion board.  That agency must
first determine that there is a fair risk that one or more of the following
circumstances was responsible, e.g., the record erroneously reflected that
an officer was ineligible for selection for educational or other reasons,
an officer’s military or civilian educational level, as constituted in the
officer’s record was incorrect, etc.

5.  If an officer is selected by a special selection board, the officer’s
date of rank and effective date of pay and allowances would be the same as
if the officer had been recommended for promotion to the grade by the
mandatory board that should have considered, or that did consider, the
officer.  Therefore, the officer may have a maximum time in grade date that
is before the approval date of the special selection board that recommended
the officer for promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has indicated that his date of rank to lieutenant colonel
should be 1 October 2004, two months earlier than his current 1 December
2004 date of rank; however, he has provided no evidence to support his
contention.

2.  The Board acknowledges his selection to major and lieutenant colonel by
special selection boards, with the effective dates and dates of rank
accorded.  It is presumed that his dates of rank were in accordance with
law and established regulations.  The applicant has provided no evidence to
the contrary.

3.  Consequently, the applicant’s request to correct his record to show his
date of rank to lieutenant colonel as 1 October 2004 is denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JM  ___  __JG ___  __JM ___  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.





                                  _______John Meixell_______________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014165                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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