RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      10 August 2006
      DOCKET NUMBER:  AR20050017099


      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. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |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, in effect, adjustment to his date of rank for
captain from 18 November 2000 to 18 August 2000.

2.  The applicant states, in effect, that he believes his date of rank for
captain should be adjusted based on repeated cancellations of his
quadrennial physical appointments by the supporting United States Army
Reserve (USAR) medical unit, which delayed his promotion.  This delay,
caused by circumstances beyond his control, would prevent him from being
considered for promotion to major by the 2006 board.  Throughout the spring
and summer of 2000, he made numerous attempts to schedule his quadrennial
physical.  The USAR unit assigned to support soldiers in Pennsylvania had
only a few assigned doctors.  Available appointments were limited and were
often cancelled.  His date of rank marks the day he was finally able to be
seen by the doctors.  This situation, created by circumstances beyond his
control, has placed his current date of rank outside the window scheduled
to be seen by the 2006 major promotion board.  He requests a 90-day
correction to his date of rank so that he would be eligible for promotion
with his peer group.

3.  The applicant provides copies of his undergraduate transcript; his
officer evaluation reports for the years 1998, 1999, 2000, 2001, 2002,
2003, and 2004; a Schedule for Physical Examination memorandum; and a
memorandum from the Supervisor and Staff Administrator (SSA), 744th
Military Police (MP) Battalion; in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the USAR, as
a second lieutenant, effective 15 May 1992.

2.  He was promoted to first lieutenant effective 29 May 1995.

3.  He was considered and selected for promotion to captain by the 1999
Reserve Components Selection Board (RCSB) that convened on 9 November and
recessed on 10 December 1999.  The President approved the board results on
18 April 2000.

4.  Based on completion of the required 5 years maximum time in grade, his
promotion eligibility date for captain was 28 May 2000.

5.  In a Schedule for Physical Examination, dated 10 August 2000, the
applicant's commander was notified that soldiers of the 367th MP Company
had been scheduled to undergo a physical examination on 16 September 2000.
Notation on this document revealed that the physical examination was
cancelled on 13 September 2000 due to no doctors and rescheduled for
18 November 2000.

6.  He was issued a promotion memorandum, dated 15 December 2000,
indicating his promotion to captain with a promotion effective date and
date of rank of 18 November 2000.

7.  Based on the required 7 years maximum time in grade, his PED for major
is 17 November 2007.

8.  The 2006 major RCSB convened on 14 March and recessed on 31 March 2006.
 The Secretary of the Army established the promotion zone for the 2006
major RCSB for officers with dates of rank for captain of 31 August 2000
and earlier.

9.  In a memorandum, dated 18 November 2005, the SSA, 744th MP Battalion,
stated that during the summer of 2000, he and the command in general, had
much difficulty in arranging appointments for the then required quadrennial
physicals.  He recalled that he was able to make at least two appointments
that summer for the applicant, both of which were cancelled by the Reserve
hospital unit which was assigned to conduct the physical.  Lack of medical
corps personnel and changes in weekend assembly dates by the assigned
Reserve hospital unit was a continual problem in that former system.
Through no fault of his own, the applicant was unable to undergo that
quadrennial examination which caused a delay in the effective date of his
promotion to captain until late fall of 2000.

10.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that completion
of 5 years time is grade is required before promotion to captain.  An
officer recommended for promotion will not be promoted prior to meeting the
promotion eligibility criteria, i.e., having an updated physical (medical)
examination within 5 years of their promotion eligibility date and Army
Physical Fitness Test (APFT). Each Reserve officer is required to undergo a
medical examination at least once every 5 years and possess a current
physical examination to qualify for promotion to the next higher grade.  An
officer must also possess a current APFT and possess a current date for
maximum allowable weight for height and weight standards.

11.  Army Regulation 135-155 also specifies that promotion authorities will
ensure that the officer possesses a current physical examination, a
favorable security screening, and possess current APFT and maximum
allowable weight for height and weight standards before announcing a
promotion.  An officer is promoted after selection if all qualifications
for promotion are met.  When an officer does not meet the qualifications
for promotion, the promotion effective date and date of rank will not be
earlier than the later date all qualifications are met.  In no case, will
the promotion effective date and date of rank be earlier that the date the
board is approved.

12.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation provides that individuals
will receive mandatory promotion consideration prior to their promotion
eligibility dates (MTIG) so that, if selected, they may be promoted on
their future promotion eligibility dates.  The regulation also specifies
that promotion to major requires completion of 7 years time in the lower
grade.  This regulation also specifies that the Secretary of the Army or
his or her designee will establish the zone of consideration for each
mandatory promotion board for commissioned officers.

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.  He has not shown
error, injustice, or inequity for the relief he now requests.

2.  The applicant's contention that repeated cancellations of his
quadrennial physical appointment delayed his promotion has been noted.
However, the applicant was considered and recommended for promotion to
captain with a PED of 28 May 2000 by the 1999 RCSB that was approved by the
President on 18 April 2000.  It appears that promotion authorities
determined that his physical examination was not within the 5-year window
of his PED as prescribed in Army Regulation 135-155.  It further appears
that his updated physical examination was completed effective 18 November
2000; therefore, he was eligible for promotion to captain with a promotion
effective date and date of rank of that date.

3.  Documentation submitted by the applicant shows that he was scheduled to
undergo a physical examination on 16 September 2000.  This date was
rescheduled to 18 November 2000.  There is no evidence that the applicant
was unreasonably delayed in completing a physical examination to qualify
for an earlier promotion.  There is also no record that he had an updated
physical on an earlier date that could otherwise have given him an earlier
promotion effective date and date of rank.  His promotion effective date
and date of rank for major was correctly established as the date he
completed an updated physical examination.

4.  The established promotion zone for the 2006 Major RCSB was for captains
with dates of rank of 31 August 2000 and earlier.  Therefore, the
applicant's adjusted date of rank for captain of 18 November 2000 did not
place him in the established promotion zone for consideration by the 2006
board and entitle him to promotion consideration to major under the 2006
criteria.

5.  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

_CLG ___  __JBG __  __PMT__  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.




                                  ____Curtis L. Greenway ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017099                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|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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