RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 AUGUST 2006
      DOCKET NUMBER:  AR20050015161


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 her records be corrected by changing her
promotion date to captain from 1 October 1999 to 29 July 1999, and that her
records be seen by a Special Selection Board under the criteria of the 2005
Major Promotion Board.

2.  The applicant states that she recently discovered that she was eligible
for and should have been promoted to captain on 29 July 1999; however, she
was not promoted until 1 October 1999.  She states that at the time she was
assigned to a captain's position.  Because of the delay in her promotion to
captain she was not considered by the 2005 Major Promotion Selection Board.


3.  The applicant further states that several months ago when all of her
peers were being promoted to major, she couldn't understand after comparing
her original commissioning date as a second lieutenant with the others, why
she had not gotten promoted.  She recently discovered that she had gotten
promoted late to captain and that she should have been promoted on 29 July
1999 and not
1 October 1999.  She gave birth to her first child on 24 September 1999,
and   did not attend drills for a few months.  If she had been promoted on
time she would have been eligible for the 2005 Major Promotion Board and
promoted with her peers.  She has never received any disciplinary actions
and has always passed her Army Physical Fitness Tests.  She completed
Transportation Officer Advanced Course in June 2001, and all of her Officer
Evaluation Report's reflect that she should be promoted.

4.  The applicant provides no evidence in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 October 1999.  The application submitted in this case is dated 19 October
2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3.  The applicant was appointed as a second lieutenant from the Reserve
Officers' Training Corps on 14 July 1991.  She was promoted to first
lieutenant on 30 July 1994.

4.  On 16 May 2000, the applicant was notified that she had been selected
for promotion to captain by a Department of the Army Reserve Components
Selection Board that convened on 9 November 1999.

5.  The applicant's notification of promotion status informed her that her
promotion eligibility date was established as 29 July 1999.  However, in
accordance with Army Regulation 135-155, she had to be assigned to a duty
position authorized at a grade equal to or higher than the grade in which
she was selected in order to be promoted.

6.  The applicant was assigned to a higher grade position on Orders 99-323-
07, dated 19 November 1999, with an effective date of 1 October 1999.

7.  The applicant was promoted to captain on 1 October 1999, with a date of
rank and effective date of 1 October 1999.

8.  Army Regulation 135-155 sets forth the policy and procedures for
promotion of reserve officers.  It provides, in pertinent part, that a
commissioned officer assigned to a troop program unit (TPU), can only be
promoted if he/she is assigned to a duty position authorized a grade equal
to or higher than the grade in which the officer was selected.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not assigned to a higher grade position until I
October 1999, and was not eligible for promotion until that date.

2.  There is no evidence in the available records nor did the applicant
provide documentation to show that her promotion was erroneous, nor is
there justification for forwarding her records to a special selection board
for consideration to major.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.



4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1999, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 September 2002.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  __JR  ___  ___KJ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____ William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015161                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|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.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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