RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      13 July 2006
      DOCKET NUMBER:  AR20050017133


      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. Robert J. Osborn              |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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, correction to his date of rank for
first lieutenant from 14 December 2004 to 4 May 2004.

2.  The applicant states, in effect, that his date of rank for first
lieutenant should be 4 May 2004.  He also states that promotion to first
lieutenant is 24 months after commissioning and it's automatic.  His
promotion date was given to him after a determination by the correction
board to grant him his first oath date of 4 May 2002.  He was promoted to
first lieutenant effective 14 December 2004, that's 31 months after his
commissioning.  He requests a normal time line to be promoted and his
career time is not affected.

3.  The applicant provides copies of his Army Board for Correction of
Military Records (ABCMR) Proceedings; his revocation orders; his assignment
orders; a letter from the Chief, Appointments, Human Resources Command
(HRC) – St, Louis, Missouri; a memorandum from the Director, Personnel
Electronic Records Management Services, HRC – St. Louis; his active duty
assignment orders; and his promotion memorandum for first lieutenant, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he enrolled in the
Transportation Officer Basic Course (OBC) on 9 August 2004 and completed
the course on 14 December 2004.

2.  On 11 January 2005, the ABCMR recommended that the applicant's date of
appointment in the United States Army Reserve, as a second lieutenant, be
corrected from 11 December 2003 to 4 May 2002.

3.  Based on the corrective action, his date of rank for second lieutenant
was adjusted to 4 May 2002.  Based on the required 2 years minimum time in
grade, his promotion eligibility date (PED) for first lieutenant was 3 May
2004.

4.  In a letter, dated 23 February 2005, the Chief, Appointments, Human
Resources Command (HRC) – St, Louis, advised the applicant that his
original offer of appointment, dated 24 April 2002, was found to be valid.
The applicant was provided a new appointment order reflecting the effective
date of appointment of 4 May 2002.

5.  In a memorandum, dated 6 May 2005, the Director, Personnel Electronic
Records Management Services, HRC – St. Louis, advised the Army Review
Boards Agency – St. Louis that the recommendations of the board had been
carried out.  The Oath of Office, dated 11 December 2003, had been deleted
and a new one, dated 4 May 2002, had been placed on the applicant's
official military personnel file.

6.  The applicant was mobilized for Iraqi Freedom effective 12 August 2005
and is currently serving on active duty.

7.  The applicant was issued Orders No B-09-506219, dated 22 September
2005, showing his promotion to first lieutenant with a promotion effective
date and date of rank of 14 December 2004.

8.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that an officer
in the grade of second lieutenant will be considered for promotion without
review by a promotion selection board.  Promotion to first lieutenant
requires completion of 2 years time in grade and completion of a branch
OBC.  The officer's records will be screened to determine eligibility for
promotion to first lieutenant far enough in advance to permit promotion on
the date promotion service is completed.  The promotion authorities will
ensure all requirements are met before announcing a promotion.  Paragraph 4-
8 of this regulation specifies that the promotion will not be earlier than
the date the officer is determined qualified for promotion.  A Memorandum
for Record (MFR) will be prepared to explain a later promotion date.  A
copy of the promotion notice and the MFR will normally be placed in the
officer's official military personnel file.

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

2.  The evidence of record shows that in February 2005, the applicant's
date of appointment was adjusted from 11 December 2003 to 4 May 2002 based
on corrective action by the ABCMR.  Notwithstanding the fact that the
corrective action also corrected his PED for first lieutenant from 10
December 2005 to 3 May 2004, the applicant was still required to complete a
branch OBC for promotion to first lieutenant and meet all promotion
qualifications; therefore, he was not eligible on his corrected PED of 3
May 2004, but on the date he completed his branch OBC, 14 December 2004.

3.  It is also noted that the applicant enrolled in and completed his
branch OBC in advance of the Board's corrective action and the original
PED for first lieutenant of 10 December 2005.  Corrective action to his
original appointment date and date of rank for second lieutenant did not
impact negatively on his promotion to first lieutenant nor cause a delay.
 It appears that the applicant was afforded the opportunity to enroll in
and complete his branch OBC in a reasonable timeframe for promotion at
the earliest eligible time.  The applicant has not satisfactorily shown
that he was prevented from completing his branch OBC prior to 14 December
2004; therefore, this date was the earliest date of rank he was eligible
for promotion to first lieutenant.

4.  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

_JMM ___  _NH____  _RJO____  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.




                                  _____Robert J. Osborn ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017133                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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