RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050015883


      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. Jeffrey C                     |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 his date of rank for
captain from 17 March 2003 to 17 March 2002.

2.  The applicant states that he became a commissioned officer in August
1996.  He has been rated best qualified and served in highly responsible
Reserve positions.  His date of rank for first lieutenant was August 1998.
The Army Reserve did not review his promotion package until the 2002
captain's board.  Thus, his time in grade as a first lieutenant was
approximately 4 1/2 years, 1 1/2 year above average, even though he had
excellent service and ratings.  This is extremely prejudicial and unfair to
his future promotions and was caused only by error in the board review
procedures.  He should have been reviewed for promotion in the same
timeframe as other 1998 (date of rank) first lieutenants in the Army
Reserve.  He also states that this is in the interest of justice to all
Army Reservist and the acceptance that Reserve promotional policies are
adjusted annually, which causes special situations which should be
reviewed.

3.  The applicant provides copies of his promotion memorandums for first
lieutenant and captain, his DA Forms 1059 (Service School Academic
Evaluation Report), and his officer evaluations reports for the years 1998,
2000, 2001, and 2002, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was appointed in the United States
Army Reserve, as a second lieutenant, effective 11 August 1996.  He was
promoted to first lieutenant effective 10 August 1998.

2.  Based on the completion of the required 5 years maximum time in grade
(TIG) in the USAR, his promotion eligibility date (PED) for captain was
9 August 2003.

3.  He was considered and selected for promotion to captain by the 2002
Reserve Components Selection Board that convened on 4 November and recessed
on 27 November 2002.  The President approved the board results on 17 March
2003.

4.  He was issued a promotion memorandum, dated 24 April 2003, showing his
promotion to captain with a promotion effective date and date of rank of
17 March 2003.


5.  Documentation submitted by the applicant shows he completed all
required military educational requirements for promotion to captain and
received ratings of best qualified for the years 1998, 2000, 2001, and
2002.

6.  Army Regulation 135-155 also specifies that completion of 5 years TIG
as a first lieutenant is required before promotion to captain and the
completion of 7 years MTIG as a captain is required before promotion to
major.  An officer selected for the first time for promotion to the next
higher grade may be promoted on or before the date that he/she completes
the maximum years of service.  Officers in the grade of captain may be
eligible for promotion consideration to major by a Position Vacancy Board
(PVB) upon completion of 4 years minimum TIG.

7.  The Reserve Officer Personnel Management Act (ROPMA), effective
1 October 1996, 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 an MYIG of 2 years before
promotion to first lieutenant, and a first lieutenant serve an 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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his date of rank for captain to 17 March 2002.
He has not shown error, injustice, or inequity for the relief he now
requests.

2.  The applicant's contentions have been noted; however, he was considered
by the 2002 mandatory board for promotion to captain on or before his
maximum TIG, based on the completion of the required 5 years TIG.  He was
selected and promoted to captain with a promotion effective date and date
of rank of 17 March 2003, prior to his PED.

3.  Pertinent regulations specify that promotion to captain requires
completion of 5 years time in the lower grade, for promotion consideration
by a mandatory promotion board.  In order for the applicant to be promoted
to captain earlier, he would have to be considered and selected by a PVB.
Therefore, the applicant was appropriately considered for promotion in
accordance with Reserve promotional policies that have been in effect since
October 1996.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___EM__  __JCR __  ___J____  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 T. Meixell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015883                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/27                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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