RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 August 2006
      DOCKET NUMBER:  AR20050017419


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, promotion to captain.

2.  The applicant states, in effect, that his discharge certificate states
he was a second lieutenant.  He was commissioned as a second lieutenant
from the enlisted ranks, where he was a sergeant in the infantry.  Upon
graduation from medical school and receiving his medical degree, he was
supposed to be promoted to captain.  His honorable discharge certificate
does not reflect this change in rank.  He entered the Individual Ready
Reserve after graduation due to his responsibilities in post-graduate
training during residency.  He is currently applying for privileges with a
local hospital and this discrepancy in rank has stalled his application.
He cannot start his own private practice unless this is resolved.

3.  The applicant provides copies of his Notification of Promotion Status
memorandum, his discharge orders, and his honorable discharge certificate
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the Arkansas
Army National Guard (ARARNG), Medical Services Corps, as a second
lieutenant, effective 20 March 1996, with prior enlisted service.

2.  He was separated from the ARARNG, as a second lieutenant, effective
16 August 2000 and transferred to the United States Army Reserve (USAR)
Control Group (Reinforcement).

3.  He was issued a Notification of Promotion Status memorandum, dated
12 July 2001, that shows he was considered and not selected for promotion
to first lieutenant by an Administrative Promotion Board that convened on 4
June 2001. The memorandum advised that he was not selected because his
record did not reveal that he had completed the military education
requirement of the officer basic course (OBC).  The memorandum further
advised that officers in his grade who were not selected for promotion
would be retained for a minimum of 6 months from the date he would have
been promoted had he been selected.  Accordingly, if not discharged or
promoted sooner, he would be discharged no later than 18 months from the
date he was found not qualified for promotion.

4.  He was honorably discharged from the USAR, under the provisions of Army
Regulation 135-175, as a second lieutenant, effective 2 November 2001.
5.  His records do not show, and he did not provide documentation to show,
he has completed the Army Medical Department (AMEDD) OBC.

6.  In an advisory opinion, dated 26 April 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, Human Resources Command –
St. Louis, Missouri, stated that the officer was never promoted to captain
or reappointed as a captain; therefore, it was recommended his application
be denied.

7.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 17 May 2006.  He did not respond.

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 regulation also states that AMEDD officers, regardless of grade
in which appointed, who are appointed on and after 1 June 1986 are required
to complete the AMEDD resident OBC within 3 years after appointment.

9.  Army Regulation 135-155 also specifies that completion of 5 years time
is grade is required before promotion to captain.  To be eligible for
consideration for promotion to the next higher grade, an ARNG or USAR
officer must have continuously performed service on either the Reserve
Active Status List (RASL) or the Active Duty List (ADL) (or a combination
of both) during the one year period ending on the convening date of the
promotion board and must meet the time in grade requirements, as
appropriate.

10.  Army Regulation 135-155 further specifies that an officer who has been
recommended for promotion to the next higher grade must be on the RASL,
serving in an active status, be medically qualified, have undergone a
favorable security screening, and meet the standards of the Army Body
Composition Program.

11.  Army Regulation 135-175 prescribes the policies and procedures for the
discharge of Reserve officers.  Paragraph 4-6 of this regulation specifies
that an officer in the grade of second lieutenant who has completed the
required statutory military service obligation will be discharged after
being considered but not recommended for promotion to first lieutenant on
or before the date on which the officer completes 3 years of promotion
service.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to promotion to captain.  He has not shown error, injustice, or
inequity for the relief he now requests.  The applicant has not submitted
sufficient evidence to support that he was qualified for promotion to
captain prior to his discharge from the USAR.

2.  The applicant’s contention that he was supposed to have been promoted
to captain has been noted.  However, the applicant was considered and not
selected for promotion to first lieutenant by an Administrative Promotion
Board on 4 June 2001.  He was advised that he would be retained for a
minimum of 6 months from the date he would have been promoted to, and if
discharged or promoted sooner, he would be discharged no later than
18 months from the date he was found not qualified for promotion.
Therefore, he was appropriately discharged from the USAR, on 2 November
2001, in the grade of second lieutenant.

3.  It is also noted that prior to the date of his discharge, the applicant
had never been promoted to first lieutenant nor completed the time in grade
requirements for promotion to captain.  In order for the applicant to be
promoted to captain, he must have continuously performed service on either
the RASL or the ADL during the one year period ending on the convening date
of the promotion board and met the time in grade requirements.  Further, in
order for him to have been promoted to captain, he must have been
recommended by a mandatory promotion board, serving in an active status,
been medically qualified, had a favorable security screening, and met the
standards of the Army Body Composition Program.

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

__JLP___  ___LDS_  ___J____  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.




                                  _____Linda D. Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017419                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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