RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050015887


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 of his date of rank to first
lieutenant from 20 April 2004 to 11 March 2003.

2.  The applicant states, in effect, states that the administrative errors
in processing his date of rank to first lieutenant is delaying his
promotion to captain.

3.  The applicant provides National Guard Bureau Federal Recognition Orders
Number 318 AR, dated 8 November 2001; National Guard Bureau Federal
Recognition Orders Number 114 AR, dated 6 May 2004; and a DA Form 5074-1-R
(Record of Award of Entry Grade Credit (Health Services Officers)) in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant on 14 August 2001
and was given an adjusted date of rank to 14 March 2001 based on the award
of constructive credit in the amount of 5 months.

2.  National Guard Bureau Federal Recognition Orders Number 318 AR, dated
8 November 2001, show that the applicant was awarded permanent Federal
recognition for initial appointment as a second lieutenant in the Texas
Army National Guard (TXARNG)effective 14 August 2001.  These orders further
show that the applicant's date of rank to second lieutenant was 14 March
2001.

3.  Records show that the applicant successfully completed the Army Medical
Department (AMEDD) Reserve Component Officer Basic Course on 13 June 2003.

4.  Texas Military Forces, Joint Forces Headquarters Orders Number 111-
1043, dated 20 April 2004, show that the applicant was promoted to the
grade of first lieutenant in the TXARNG effective 20 April 2004 with a date
of rank of 14 August 2001.

5.  Texas Military Forces, Joint Forces Headquarters Orders Number 124-
1017, dated 4 May 2006, show that the applicant was promoted to the grade
of captain in the TXARNG effective 3 May 2006 with a date of rank of
20 April 2004.



6.  National Guard Bureau Federal Recognition Orders Number 114 AR, dated
6 May 2004, show that the applicant was awarded permanent Federal
recognition for promotion to the grade of first lieutenant in the TXARNG
effective 20 April 2004.

7.  An advisory opinion was obtained from the Chief of the Personnel
Division of the National Guard Bureau.  The Chief of the Personnel Division
opined that although the applicant met the time in grade for promotion to
the grade of first lieutenant on 13 March 2003, he did not complete the
Officer Basic Course until 13 June 2003.

8.  The Chief of the Personnel Division continues that the applicant's
promotion to the grade of first lieutenant was delayed due to
administrative errors and the fact that his promotion packet was lost.

9.  The Chief of the Personnel Division concluded that the applicant's date
of rank to first lieutenant should be amended to 13 June 2003, the date of
his completion of the AMEDD Officer Basic Course.

10.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board.  The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation.

11.  Table 2-1 of Army Regulation 135-155 states that the minimum time in
grade as a second lieutenant for promotion to first lieutenant is 2 years.

12.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, that
second lieutenants must complete a resident officer basic course to be
eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to first lieutenant should
be amended to show 11 March 2003.

2.  Records show that the applicant's date of rank to second lieutenant was
14 March 2001; therefore, he met the time-in grade requirement for
promotion to the grade of first lieutenant on 14 March 2003.
3.  However, the applicant did not complete the AMEDD Officer Basic Course
until 13 June 2003.  Based on the fact that the applicant did not meet the
education requirements for promotion to first lieutenant until 13 June
2003, the earliest date that he was eligible for promotion is 13 June 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_ALR___  __LMD___  __PMT__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by amending National Guard Bureau Federal
Recognition Orders Number 114 AR, dated 6 May 2004, show that the applicant
was awarded permanent Federal recognition for promotion to the grade of
first lieutenant in the TXARNG effective 13 June 2003.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amendment of his date of rank to the grade of first lieutenant to 11 March
2003.




                                     __Allen L. Raub______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015887                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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