RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20050017174


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 his first lieutenant (1LT) date
of rank (DOR) be changed from 2 June 2005 to 17 August 2004.

2.  The applicant states, in effect, that he was promoted to 1LT more than
nine months after his eligibility date.  He also states he was commissioned
in the Army National Guard (ARNG) as a second lieutenant (2LT) on 17 August
2002.  He further states that his civilian job required his extended
presence overseas and, after exhausting options to stay in the ARNG, he
requested transfer from the Maryland ARNG (MDARNG) to the U.S. Army Reserve
(USAR) Individual Ready Reserve (IRR).  Upon his return from overseas, the
applicant was transferred from the USAR IRR to the Wisconsin ARNG (WIARNG)
and promoted to 1LT, effective and with a DOR of 2 June 2005.  He adds
that, during his assignment to the USAR IRR he should have been promoted to
1LT, effective 17 August 2004; however, this did not occur.  The applicant
also adds that the USAR can not promote him to 1LT, effective 17 August
2004, because it has no record of his assignment to the IRR.  In addition,
the MDARNG can not promote him because he was not assigned to the MDARNG on
17 August 2004.  Consequently, the applicant appeals to this Board to amend
his 1LT DOR to 17 August 2004.

3.  The applicant provides the following documents in support of his
application:  a self-authored statement, dated 29 June 2005, Joint Forces
Headquarters Wisconsin, WIARNG, Madison, Wisconsin, memorandum, dated 20
November 2005, subject:  Request for Adjusted DOR; Certificate of
Completion, Western Region Officer Candidate School (OCS) Phase III, dated
9 August 2002; Wisconsin Military Academy, OCS Graduate Diploma, dated 17
August 2002; Headquarters, National Guard Bureau (NGB), Washington, DC,
Special Orders Number 245 AR, dated 11 September 2002; DA Form 1059
(Service School Academic Evaluation Report), dated 3 March 2003;
Headquarters, MDARNG, Fifth Regiment Armory, Baltimore, Maryland, Order 150-
058 MD-STARC-ARP (WIARNG), dated 3 October 2003; Headquarters, NGB,
Washington, DC, Special Orders Number 13 AR, dated 22 January 2004; MDARNG,
Joint Force Headquarters, Fifth Regiment Armory, Baltimore, Maryland, Order
126-161 JFHQS-MD-ARP, dated 5 May 2004; Headquarters, NGB, Washington, DC,
Special Orders Number 123 AR, dated 17 May 2004; Joint Force Headquarters
Wisconsin, WIARNG, Madison, Wisconsin, Order 152-717, dated 1 June 2005;
Headquarters, NGB, Washington, DC, Special Orders Number 190 AR, dated
23 June 2005; Headquarters, NGB, Washington, DC, Special Orders Number 209
AR, dated 14 July 2005; NGB Form 337 (Oaths of Office), dated 2 June 2005;
Joint Force Headquarters Wisconsin, WIARNG, Madison, Wisconsin, Order 184-
710, dated 3 July 2005; Joint Force Headquarters Wisconsin, WIARNG,
Madison, Wisconsin, Order 196-705, dated 15 July 2005; and Headquarters,
NGB, Washington, DC, Special Orders Number 328 AR, dated
21 November 2005.

CONSIDERATION OF EVIDENCE:

1.  On 17 August 2002, the applicant completed OCS and accepted an
appointment as a 2LT in the WIARNG.  On 7 March 2003, the applicant
completed the resident Military Intelligence Officer Basic Course.

2.  Effective 19 September 2003, the applicant transferred from the WIARNG
to the MDARNG in the grade of rank of 2LT.  Headquarters, NGB, Washington,
DC, Special Orders Number 13 AR, dated 22 January 2004, confirmed Federal
recognition of the applicant's change of status in the ARNG.

3.  Effective 6 May 2004, the applicant transferred from the MDARNG to the
USAR Control Group (Reinforcement), Army Reserve Personnel Command
(AR-PERSCOM), St. Louis, Missouri, in the grade of rank of 2LT.
Headquarters, NGB, Washington, DC, Special Orders Number 123 AR, dated 17
May 2004, confirmed withdrawal of the applicant's federally recognized
status in the ARNG.

4.  Effective 2 June 2005, the applicant transferred from the USAR Control
Group (Reinforcement), AR-PERSCOM, St. Louis, Missouri, to the WIARNG, in
the grade of rank of 2LT.  Headquarters, NGB, Washington, DC, Special
Orders Number 190 AR, dated 23 June 2005, as amended by Headquarters, NGB,
Washington, DC, Special Orders Number 209 AR, dated 14 July 2005, confirmed
Federal recognition of the applicant's status as a 2LT in the ARNG with a
DOR of 17 August 2002.

5.  On 15 July 2005, the WIARNG issued orders promoting the applicant to
the grade of 1LT, effective and with a DOR of 2 June 2005.  Headquarters,
NGB, Washington, DC, Special Orders Number 328 AR, dated 21 November 2005,
confirmed Federal recognition of the applicant's promotion to 1LT in the
ARNG, effective and with a DOR of 2 June 2005.

6.  In support of his application, the applicant provides a self-authored
statement and a letter from the Deputy Chief of Staff, Personnel/G1, Joint
Force Headquarters Wisconsin, WIARNG.  These two documents summarize the
applicant's military assignment history as it pertains to the MDARNG, USAR
IRR, and WIARNG from 17 August 2002 through 2 June 2005.  In pertinent
part, these documents also state that the applicant was not promoted on 17
August 2004 because the U.S. Army Human Resources Command, St. Louis,
Missouri, apparently did not have a record of the applicant's assignment to
the USAR IRR. In addition, due to the fact that the applicant was not
assigned to either the MDARNG or the WIARNG on 17 August 2004, neither
headquarters had the authority to promote him on that date.  The colonel
serving as the G1, WIARNG, states, in effect, that the applicant was
scheduled for mobilization and the WIARNG wanted to ensure that his
promotion to 1LT was accomplished prior to mobilization.  Consequently, the
applicant was immediately promoted upon assignment to the WIARNG, effective
2 June 2005, although this was more than 9 months past his promotion
eligibility date.

7.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, National Guard Bureau,
Arlington, Virginia.  This NGB official recommends approval of the
applicant’s request for a change to his 1LT DOR.  In the advisory opinion
the official indicates that the applicant became eligible for promotion to
1LT on 17 August 2004 and adds, in effect, for reasons that can not be
determined, the applicant was not promoted when he became eligible for
promotion to 1LT.

8.  The applicant was provided a copy of the NGB advisory opinion in order
to have the opportunity to respond.  On 7 August 2006, the applicant
provided his concurrence with the advisory opinion rendered by the NGB.

9.  The Reserve Officer Personnel Management Act (ROPMA), paragraph 2-3,
states that a second lieutenant will be considered for promotion to first
lieutenant prior to reaching 24 months of commissioned service so that they
can be promoted upon reaching 24 months of commissioned service.

10.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board.  The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation.

11.  Table 2-1 (Time in grade requirements commissioned officers, other
than commissioned warrant officers) of Army Regulation 135-155 states that
the minimum time in grade as a second lieutenant for promotion to first
lieutenant is 2 years and the maximum time in grade as a second lieutenant
is 42 months.


12.  Table 2-2 (Military educational requirements commissioned officers,
other than commissioned warrant officers) of Army Regulation 135-155
states, in pertinent part, that second lieutenants must complete a resident
officer basic course to be eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his 1LT DOR should be changed
to
17 August 2004 because, due to no fault of his own, he was promoted more
than 9 months after his promotion eligibility date.

2.  The evidence of records shows that the applicant was eligible for
promotion to the grade of 1LT, effective 17 August 2004.

3.  There is no evidence that the applicant was promoted to the grade of
1LT upon reaching 24 months of commissioned service on 17 August 2004.
Additionally, there is no evidence of records that shows the applicant was
ineligible for promotion to the grade of 1LT upon reaching 24 months of
commissioned service on 17 August 2004.

4.  The evidence of records shows that an administrative error and/or
oversight by government officials caused the applicant's promotion to 1LT
to be delayed until 2 June 2005, due to no fault of the applicant.
Therefore, based on applicable law and regulation, the applicant is
entitled to have his records corrected to show that he was promoted to the
grade of 1LT, effective and with a DOR of 17 August 2004.

BOARD VOTE:

__ALR___  __LMB___  __QAS_  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by amending Headquarters, Department of the Army and the Air
Force, National Guard Bureau, Washington, DC, Extract of Special Orders
Number 328 AR, dated 21 November 2005, to show Federal recognition in the
ARNG for the purpose of promotion to the grade of first lieutenant,
effective and with a date of rank of 17 August 2004.

2.  The Board further recommends that, based upon the foregoing correction,
the applicant be awarded any back pay and allowances he may be entitled to
as a commissioned officer serving in the grade of first lieutenant,
effective 17 August 2004.




                                               Allen L. Raub_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017174                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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