RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20050017049


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 Permanent Federal Recognition for
promotion to the grade of major be amended to show the effective date 10
June 2005.

2.  The applicant states that he was eligible for promotion to major on 25
May 2005, the date of the approval of the Department of the Army Mandatory
Board.

3.  The applicant provides US Army Human Resources Command Memorandum,
Vermont Army National Guard (VTARNG) Orders Number 224-001,  DA Form 1059
(Academic Evaluation Report) and several pages from his Unit Manning Roster
in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 25 May 2004, the applicant was notified that he was selected for
promotion to the grade of major by a Department of the Army Mandatory
Promotion Board.

2.  VTARNG Orders Number 356-118, dated 21 December 2004, show that the
applicant was reassigned to the duty position Assistant Operations Officer,
paragraph-line 002B-01 effective 1 December 2004.

3.  The applicant successfully completed the Health Services, Plans,
Operations, Intelligence Course on 10 June 2005.

4.  VTARNG Orders Number 2224-001, dated 12 August 2005, show that the
applicant was promoted to the grade of major, in the duty position
Assistant Operations Officer, paragraph-line 002B-01 effective 7 July 2005.

5.  National Guard Bureau Federal Recognition Orders Number 276 AR, dated
27 September 2005, show that the applicant was awarded permanent Federal
Recognition for promotion to the grade of major effective 27 September
2005.

6.  The applicant provided a copy of the Unit Manning Report for 25
February 2004.  This report identifies paragraph-line 002B-01 as the
Assistant Operations Officer in the grade of captain.  This report further
identifies the applicant as the officer assigned to this position.



7.  The applicant provided a copy of the Unit Manning Report for 21 June
2005.  This report identifies paragraph-line 002B-01 as the Assistant
Operations Officer in the grade of captain.  This report further identifies
the applicant as the officer assigned to this position.

8.  The applicant provided a copy of the Unit Manning Report for 25 October
2005.  This report identifies paragraph-line 002B-01 as the Assistant
Operations Officer in the grade of major.  This report further identifies
the applicant as the officer assigned to this position.

9.  National Guard Regulation 600-100 (Commissioned Officer-Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 8-15
specifically provides procedures for Federal Recognition after selection
for promotion as a Reserve of the Army officer.  Specifically, an Army
National Guard commissioned officer, not on active duty, who is selected
for promotion as a Reserve commissioned officer of the Army resulting from
mandatory consideration may be extended Federal Recognition in the higher
grade subject to the following conditions: the officer had reached
promotion eligibility date, the officer has remained in an active status
since the date selected for promotion, the officer is medically qualified
and meets height and weight standards, the officer has received Senate
confirmation for promotion to the grade of lieutenant colonel or colonel,
and the officer is promoted in State status to fill an appropriate position
vacancy in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Permanent Federal Recognition for
promotion to the grade of major should be amended to show the effective
date 10 June 2005.

2.  The applicant was awarded permanent Federal Recognition for promotion
to the grade of major effective 27 September 2005

3.  The Unit Manning Roster provided by the applicant shows that on 10 June
2005 he was assigned to a captain position.  There is no evidence in the
available records and the applicant has not provided sufficient evidence
showing that he was in a valid major position on 10 June 2005.

4.  Records show that the VTARNG promoted the applicant to the grade of
major effective 7 July 2005.

5.  Since the VTARNG promoted the applicant to the grade of major on 7 July
2005 and the applicant was clearly serving in the higher graded position,
it would appropriate to amend National Guard Bureau Federal Recognition
Orders Number 276 AR, dated 27 September 2005, show that the applicant was
awarded permanent Federal Recognition for promotion to the grade of major
effective 7 July 2005.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RTD____  _RMN___  _DAC__  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 276 AR, dated 27 September 2005, to show
permanent Federal Recognition for promotion to the grade of major effective
7 July 2005.

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
amending permanent Federal Recognition for promotion to the grade of major
to show the effective date 10 June 2005



                                     __ Richard T. Dunbar______
                                            CHAIRPERSON



                                    INDEX

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


-----------------------
[pic]