RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050016118


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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, that her date of rank (DOR) from
second lieutenant (2LT) to first lieutenant (1LT) be changed from October
2004 to May 2003.

2.  The applicant states the time for promotion from 2LT to 1LT was 2 years
at that time.  She states she had 6 months and 29 days constructive credit
on her contract.  She contends she was not given her constructive credit
indicated on her contract and her promotion from 2LT to 1LT should have
been in May 2003.  She states she was denied because her unit did not enter
her weight on the form. She states she passed the Army Physical Fitness
Test (APFT) in April and her weight was within the standards.  She also
states she resubmitted the form with her weight indicated, but she never
received a response.

3.  The applicant provides her appointment letter; her Constructive Credit
Worksheet; her DA Form 5074-1-R (Record of Award of Entry Grade Credit
(Health Services Officers)); her transcript from Indiana University; her DA
Form 873 (Certificate of Clearance and/or Security Determination); two
memorandums notifying her of suspended promotion status; a DA Form 1059
(Service School Academic Evaluation Report); four DA Forms 705 (APFT
Scorecard); a document indicating her promotion to 1LT; her DA Form 2B
(Personnel Qualification Record); her memorandum for promotion to 1LT; and
a Memorandum for Record indicating a DOR adjustment.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Reserve in the rank of 1LT.

2.  The applicant was awarded a Bachelor of Science Degree in Nursing on
31 August 2000.

3.  The applicant was appointed a 2LT in the Army Nurse Corps in the U.S.
Army Reserve (USAR) on 13 December 2001.  On the date of her appointment,
she was awarded 6 months and 25 days of constructive credit.

4.  The applicant's DA Form 5074-1-R shows she was awarded 6 months and
25 days constructive credit for her professional work experience.

5.  The applicant's APFT Scorecard dated 6 April 2003 shows she passed the
APFT and met height and weight standard.

6.  The applicant's personnel records do not contain a DA Form 5500-R (Body
Fat Content Worksheet).

7.  In a 19 May 2003 memorandum, the applicant was notified that she was
not in a promotable status.  The memorandum indicated that promotion action
could not be completed because she did not have a current qualifying
Maximum Allowable Weight (MAW) for height and weight standard in accordance
with (IAW) Army Regulation 600-9.

8.  The applicant's DA Form 1059 shows she completed the Army Medical
Department (AMEDD) Officer Basic Course (Reserve Component) on 13 June
2003.  Her DA Form 1059 indicates she met height and weight standard IAW
Army Regulation 40-501, Army Regulation 600-9, Army Regulation 350-41, and
TRADOC [Training and Doctrine Command] Regulation 350-06.

9.  The applicant's APFT Scorecard dated 5 June 2003 shows she passed the
APFT and met height and weight standard.

10.  In a 17 September 2004 memorandum, the applicant was notified she was
not in a promotable status.  The memorandum indicated she did not possess a
current date for MAW for height and weight standard IAW Army Regulation
600-9.

11.  The applicant's APFT Scorecard dated 2 October 2004 shows she passed
the APFT and met the height and weight standard.

12.  The applicant was promoted to 1LT effective 2 October 2004.

13.  A Memorandum for Record dated 25 January 2005 states the applicant was
not promoted at her promotion eligibility date of 17 May 2003 because all
promotion qualifications were not met.  The Memorandum of Record states the
applicant's effective date of promotion to 1LT was 2 October 2004 when
the APFT and MAW promotion qualifications were met IAW Army Regulation 135-
155, paragraph 4-8.

14.  The applicant's APFT Scorecard dated 7 May 2005 shows she passed the
APFT and met the height and weight standard.

15.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Special Actions Branch, Office of Promotions, Reserve
Components.  Based on information received from the 88th Regional Support
Center to the Directorate for Personnel Actions and Services, the applicant
was not promoted at her promotion eligibility date of 17 May 2003 because
all promotion qualifications were not met.  The applicant was given the
effective date of promotion of 2 October 2004 when APFT and MAW were met
IAW Army Regulation 135-155, paragraph 4-8.

16.  A copy of the advisory opinion was forwarded to the applicant.
However, she did not respond within the allotted timeframe.

17.  Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers other Than General Officers) prescribes the policies and
procedures for promotion of Reserve officers.  Chapter 2 provides that
mandatory selection boards will be convened each year to consider Reserve
Component officers in an active status for promotion to captain to
lieutenant colonel.  In order to be qualified for promotion to 1LT, an
individual must have completed 2 years time in grade as a 2LT and completed
a resident officer basic course.

18.  Paragraph 4-21 of Army Regulation 135-155 covers the effective dates
of promotion.  It states, in pertinent part, that an officer is promoted
after selection if all qualifications for promotion are met.  When an
officer does not meet the qualifications for promotion, the effective date
of promotion will be not earlier than the later date all qualifications are
met.  In no case will the DOR or effective date of promotion be earlier
than the date the board is approved, or if required, the date of Senate
confirmation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the
rank of 2LT on 13 December 2001.  At that time, she was awarded 6 months
and 25 days of constructive credit.  Based on her constructive credit, her
DOR was adjusted to 18 May 2001 and she was given a promotion eligibility
date of 17 May 2003.

2.  The evidence of record shows the applicant was notified in May 2003
that she was not in a promotable status because she did not have a current
date for height and weight standard IAW Army Regulation 600-9.  However,
her DA Form 705 dated 6 April 2003 showed APFT passed and height/weight
standard met.

3.  The applicant completed the AMEDD Officer Basic Course (Reserve
Component) on 13 June 2003 and her DA Form 1059 indicates she met the
height and weight standard at that time.

4.  The evidence of record shows the applicant was notified again in
September 2004 that she was not in a promotable status because she did not
possess a current date for MAW for height and weight standard.
5.  The advisory opinion from the Chief, Special Actions Branch, Office of
Promotions, Reserve Components indicates the applicant did not meet all
promotion qualifications until 2 October 2004.  However, the available
evidence shows she actually met all qualifications for promotion to 1LT on
13 June 2003 (the date she completed the AMEDD Officer Basic Course and met
the height and weight standard and had passed APFT in April 2003).

6.  Therefore, it would be equitable to adjust the applicant's DOR to 1LT
from 4 October 2004 to 13 June 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

EA______  MF______  DP______  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 adjusting her DOR to 1LT from 4 October 2004 to
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
adjusting her DOR from October 2004 to May 2003.




                                  Eric Andersen_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016118                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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