RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20050017418


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 of his date of rank (DOR)
for promotion to major (MAJ).

2.  The applicant states, in effect, that on 18 August 2004 the Army Board
for Correction of Military Records (ABCMR) concluded that his promotion
eligibility date (PED) for MAJ was 2 November 2003.  He also states, in
effect, that on
1 November 2005, the Chief, Office of Promotions, Reserve Components, U.S.
Army Resources Command (USA HRC), St. Louis, Missouri, notified him that he
had been recommended for promotion to the next higher permanent grade
(i.e., MAJ), with a DOR of 2 November 2003.  The applicant further states,
in effect, that he subsequently received promotion orders to the grade of
rank of MAJ, with an effective date and DOR of 27 December 2004.  As a
result, the applicant requests correction of his DOR for MAJ to read 2
November 2003.

3.  The applicant provides a copy of Department of the Army, ABCMR,
Arlington, Virginia, memorandum, dated 18 August 2004, subject:  Docket
Number AR2003098660, with enclosures; Headquarters, USA HRC, St. Louis,
Missouri, memorandum, dated 1 November 2005, subject:  Promotion
Consideration; and Headquarters, USA HRC, St. Louis, Missouri, Orders B-11-
507476, dated
23 November 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were
summarized by the ABCMR in Docket Number AR2003098660 in consideration of
the applicant's request for additional constructive service credit (CSC)
for his prior service as a captain (CPT) in the Medical Service Corps (MSC)
and promotion with his peers to MAJ, which was denied on 18 August 2004.
However, the ABCMR granted partial relief to the applicant with respect to
adjustment of his DOR for CPT to 3 November 1996.

2.  The applicant's military records show that he was appointed in the
Texas Army National Guard (TXARNG), Infantry Branch, as a second lieutenant
(2LT), effective 18 June 1988, with prior enlisted service.  He was
separated from the TXARNG, effective 1 July 1989, and transferred to the
United States Army Reserve (USAR) Control Group (Reinforcement).  The
applicant was promoted to first lieutenant (1LT), effective 17 June 1991.
He was then appointed in the New Mexico ARNG (NMARNG), Infantry Branch, as
a 1LT, effective 6 April 1992.  On 3 June 1993, he was appointed in the
Arizona ARNG (AZARNG) in the MSC as a 1LT.  The applicant was promoted to
CPT and extended Federal recognition as a CPT, effective 4 August 1994.  He
was separated at his request from the AZARNG, effective 11 August 1996, and
transferred to the USAR Control Group (Reinforcement).

3.  On 4 May 1998, the applicant enlisted in the USAR in pay grade E-7.
There is no record of his resignation of appointment, but his enlistment
terminated his commissioned officer status.  He was appointed in the USAR
in the MSC as a 2LT, effective 8 March 2000, with 1 year, 4 months, and 4
days CSC.  He was then issued a corrected appointment memorandum, dated 8
March 2000, to show appointment as a 1LT in the MSC with 2 years, 1 month,
and 21 days CSC. He was subsequently issued a corrected reappointment
memorandum, dated
8 March 2000, to show appointment as a CPT, effective 8 March 2000, with
zero CSC.  The corrected memorandum also indicated that he was reappointed
in the highest grade held.  The applicant executed his Oath of Office,
effective 2 August 2000.  At the time of his reappointment as a CPT, his
DOR was not adjusted based on his previous DOR for CPT and his break in
service as an officer.  On 18 August 2004, the ABCMR adjusted his DOR for
CPT to 3 November 1996.

4.  The applicant's military service records contain a copy of
Headquarters,
63rd Regional Readiness Command, Los Alamitos, California, Orders
04-351-00013, dated 16 December 2004.  These orders show, in pertinent
part, that while serving in the grade of rank of CPT, the applicant was
reassigned from the 349th Medical Corps General Hospital, Los Angeles,
California, to the
6253rd U.S. Army Hospital Company, Mesa, Arizona, with a report date of
16 December 2004.

5.  The applicant's military service records contain a copy of a DA Form 67-
9 (Officer Evaluation Report) for the period 8 March 2004 through 7 March
2005.  This document shows, in pertinent part, that the applicant was
serving in the rank of CPT with a principal duty title of Radiology
Technologist, in position area of concentration (AOC) 70B (i.e., Health
Services Administration), and that he performed duties as the Officer in
Charge of the Radiology Department.  This document is absent any indication
that the applicant was serving in an authorized position of higher rank
(i.e., MAJ or higher).

6.  In connection with the processing of this case, the Board requested and
received an advisory opinion from the Chief, Special Actions Branch, Office
of Promotions, Reserve Components, USA HRC, St. Louis, Missouri.  The
advisory official stated that the applicant was promoted to CPT on 3
November 1996 and that promotion to MAJ requires 7 years time in grade;
therefore, the applicant's PED was 2 November 2003.  (The advisory official
noted that the applicant's CPT DOR was adjusted based on a correction to
his constructive credit per ABCMR Document Number AR2003098660, dated 18
August 2004.)  This official added that the applicant was considered and
selected for promotion to MAJ as a troop program unit officer by the
Special Selection Board (2005SS07R) that convened on 17 May 2005 and
selected for promotion under 2003 criteria based on omission.  The Special
Selection Board (SSB) results were approved on
16 September 2005 and released on 11 October 2005.

7.  The USA HRC advisory official states that the applicant was issued a
select memorandum, dated 1 November 2005, indicating a promotion order
would be forwarded to the applicant with a DOR of 2 November 2003
contingent upon whether the applicant was non-mobilized and based on when
the applicant was placed in the higher grade position.  The advisory
official adds that an ARPC Form 155-R (Promotion Qualification Statement)
was issued which shows the applicant was assigned to the higher grade
position on 27 December 2004.  Therefore, the USA HRC advisory official
concludes that the earliest DOR the Office of Promotions, RC, can award is
27 December 2004 and recommends denial of the applicant's request.

8.  On 6 June 2006, the applicant was provided a copy of the USA HRC
advisory opinion in order to have the opportunity to respond to its
contents.  To date, the applicant has failed to provide a response.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers) prescribes policy and procedures used
in the selection and promotion of commissioned officers of the Army
National Guard of the United States (ARNGUS) and the commissioned and
warrant officers of the USAR.  This regulation specifies that a captain
will be considered for promotion to major after serving 7 years time in
grade.  In addition, the Glossary of Terms in this Army regulation defines
promotion eligibility date as the earliest date on which an officer who is
recommended and selected may (emphasis added) be promoted to the next
higher grade.

10.  Army Regulation 135-155, paragraph 4-21 (Effective dates), provides,
in pertinent part, for the promotion of unit officers and states that the
effective date and date of promotion will be no earlier than the approval
date of the board, the date of Senate confirmation (if required), or the
date the officer is assigned to the position, whichever is later (emphasis
added).
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DOR for MAJ should be
changed from 27 December 2004 to 2 November 2003 because his DOR for CPT
was
3 November 1996, his PED was 2 November 2003, and that he was notified that
his DOR for MAJ would be 2 November 2003.  However, the applicant provides
insufficient documentary evidence in support of his claim.

2.  The evidence of record shows the applicant was considered for promotion
to MAJ as a troop program unit officer by a SSB that convened on 17 May
2005 and selected by the SSB for promotion under 2003 criteria based on
omission.  The SSB was approved on 16 September 2005 and the applicant was
notified that, upon final processing, a promotion order would be forwarded
with a DOR of 2 November 2003.

3.  The evidence of record shows that the applicant's DOR for promotion to
MAJ was contingent upon the submission of a Promotion Qualification
Statement signed by his commander and the date the applicant was assigned
to a position in the higher grade.  The evidence of record also shows that
the applicant was assigned to the higher grade position on 27 December
2004.  (The Board notes that there is no evidence of record that shows the
applicant was assigned to a higher grade position (i.e., MAJ or higher)
prior to 27 December 2004.)  The evidence of record further shows that
orders were published announcing the applicant's promotion to the grade of
rank of MAJ, effective and with a DOR of
27 December 2004.  Therefore, in view of the foregoing, the applicant's DOR
for promotion to MAJ is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PMS____LMD___  __RDG__   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.




                                  ____Paul M. Smith_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017418                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/29                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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