RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050014183


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 March 2001 to March 2000.

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

3.  The applicant provides his ARPC Form 155-R (Promotion Qualification
Statement), copies of his completion documents for a baccalaureate degree
and the officer basic course, his Oath of Office, his promotion memorandums
for first lieutenant and captain, and his Individual Ready Reserve (IRR)
and active duty assignment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
Massachusetts Army National Guard (MAARNG) as a second lieutenant effective
27 July 1992.  He was separated from the MAARNG effective 31 May 1994 and
he was transferred to the United States Army Reserve.

2.  He was promoted to first lieutenant effective 26 July 1995.

3.  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
26 July 1999.

4.  He was reassigned from a troop program unit to the IRR effective 26
October 1999.

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.  He was promoted to captain effective
20 March 2001.  Based on his MYIG he should have been considered by the
1998 RCSB that the President approved on 1 April 1999.

6.  He was ordered to active duty effective 3 February 2005 with an
expected release date of 1 February 2006.

7.  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 assignment to
the IRR on his MYIG date, active status, medical qualification, and
security clearance for promotion purposes.

8.  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 years of
service as a lieutenant.

9.  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.

10.  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 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).

11.  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 11 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

27 October 1999, the day after his transfer to the IRR, 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.  The applicant was not required to be in a higher-graded
position upon his transfer to the IRR; therefore, he was eligible for
promotion to captain on the day after his transfer.

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 27 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,
an adjusted DOR, and pay and allowances.

BOARD VOTE:

_RJF___  _WDP___  _TMR ___  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 27 July 1999, with entitlement to the pay and
allowances in the higher grade on that date.



                                  ___William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200500014183                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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