RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050016471


      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. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 his records be corrected by changing his
date of rank to first lieutenant from 11 September 2005 to 4 March 2004.

2.  The applicant states that he was flagged (under suspension of favorable
personnel action) by his unit one month after his mandatory promotion
should have occurred.  At the time of his promotion eligibility date (PED),
4 March 2004, he had no flagging actions, passed the Army Physical Fitness
Test (APFT), met the height and weight standards, and possessed a valid
security clearance.  He had no flagging actions 30 days prior to his
promotion date.  His unit failed to submit his promotion paper work prior
to his PED, and as a result he did not get promoted on time.

3.  The applicant provides a DA Form 705 (Army Physical Fitness Test
Scorecard), his appointment memorandum, his promotion notification, and his
November 2005 promotion orders in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army
Reserve, on 31 July 2003, in the Army Nurse Corps, with a date of rank of
5 March 2002.  The applicant was awarded constructive service credit of 1
year,
4 months and 26 days which gave him a date of rank of 5 March 2002, and a
promotion eligibility date to first lieutenant of 4 March 2004.

2.  The applicant was assigned to a higher grade position on 31 July 2003,
and his security clearance investigation was completed on 3 September 2003.

3.  The applicant passed an APFT on 11 December 2003.

4.  The applicant's promotion paperwork was not submitted for processing to
the Office of Promotions, Human Recourses Command-St. Louis until October
2004.

5.  The applicant's records show he did not meet the Army's height and
weight standards on 3 April 2004 and was flagged.  He was also flagged for
APFT failure on 4 April 2004.



6.  On 17 Jul 2004, the applicant met the Army height and weight standards
based on body fat composition and his suspension of favorable personnel
action was closed.  However, his flagging action for APFT failure remained
in effect.

7.  As a result of the applicant's delay in being promoted, he was
identified for consideration by an Administrative Promotion Board.
Administrative Promotion Boards for Troop Program Unit (TPU) second
lieutenants did not come into effect until February 2005.  The applicant
was considered and selected for promotion to first lieutenant by an
Administrative Promotion Board which convened on 31 March 2005.

8.  On 11 September 2005, the applicant passed the APFT.  His suspension of
favorable personnel action was closed and he was promoted to first
lieutenant with a date of rank of 11 September 2005.

9.  The e-mail correspondence from the applicant to Human Recourses Command
– St. Louis shows that he attempted on numerous occasions to resolve his
promotion issues and have his date of rank to first lieutenant corrected.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's PED to first lieutenant was established as 4 March
2004, due to no fault of the applicant, his promotion was delayed because
his unit failed to submit his promotion documentation in a timely manner.
The applicant should not be penalized for actions beyond his control.

2.  As a result of the delay in submitting the applicant's promotion
documentation, he was considered by an Administrative Promotion Board in
March 2005.  The applicant was selected for promotion but had been placed
under suspension of favorable personnel actions for not meeting the height
and weight standards, and for failing an APFT.  His promotion to first
lieutenant did not occur until
11 September 2005, when he passed the APFT and the suspension was closed.

3.  At the time of the applicant's promotion eligibility date of 4 March
2004, he met the requirements for promotion.  He was assigned to a first
lieutenant position, had a valid security clearance, passed the APFT, and
was not under suspension of favorable personnel actions.


4.  In the interest of justice and equity, the applicant's date of rank and
effective date for promotion to first lieutenant should be correct to 4
March 2004, his original promotion eligibility date.

BOARD VOTE:

___EA __  __RL____  __RM    _  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 the grade of first lieutenant with a date of
rank and effective date of 4 March 2004.




                                  ______Eric Andersen________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016471                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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