RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20050017517


      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. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 promotion
effective date and date of rank for major to 1 September 2004.

2.  The applicant states, in effect, his promotion date and date of rank
should reflect a unit vacancy promotion date of 1 September 2004.  The unit
vacancy promotion package was submitted in May 2004 after he was assigned
to a major's position.  The unit submitted a unit vacancy promotion package
to the California Office of The Adjutant General (OTAG) on 29 July 2004.
He was notified in September 2004 that the promotion was approved and was
awaiting orders.  The actions required to complete the promotion by
California OTAG were not completed in a timely manner.  A board promotion
package was submitted in January 2005.  He was promoted as a result of the
board on 14 July 2005.

3.  The applicant provides copies of his unit vacancy promotion package
dated 29 July 2004 and his promotion orders dated 14 July 2005, in support
of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
Pennsylvania Army National Guard (ARNG), as a second lieutenant, effective
14 August 1993.  He was promoted to first lieutenant effective 13 August
1996 and to captain effective 23 February 1999.

2.  He was appointed in the California ARNG (CAARNG), as a captain,
effective 13 July 1999.

3.  In a memorandum, dated 29 July 2004, the battalion commander, CAARNG,
223rd Military Intelligence Battalion (Linguist), submitted a position
vacancy package and recommended the applicant for promotion to major.

4.  The Human Resources Command (HRC), St. Louis, Missouri, issued the
National Guard Bureau (NGB) an Eligibility for Promotion as a Reserve
Commissioned Officer Not on Active Duty memorandum, dated 28 June 2005.
The memorandum stated that the applicant had been selected for promotion to
major by a board adjourning on 25 March 2005 with a promotion eligibility
date of 17 June 2006.  The memorandum also stated that the effective date
of promotion would be either of the following dates:  a. 17 June 2006; or
b. the date Federal recognition was extended in the higher grade; or c. the
date following the date Federal recognition was terminated in current
Reserve grade.

5.  The Office of Promotions, Reserve Components, HRC, St. Louis, Missouri,
verified that he was considered and selected for promotion to major by the
2005 Reserve Components Selection Board (RCSB) that convened on 8 March and
recessed on 25 March 2005.

6.  He was extended Federal recognition and promoted to major with a
promotion effective date and date of rank of 14 July 2005.

7.  In an advisory opinion, dated 3 August 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, reiterated the
applicant's requests and contentions.  The Personnel Division official
stated that the applicant was promoted to captain on 13 July 1999, and
completed the Military Intelligence Captain's Career Course on 8 February
2002.  On 29 July 2004, his battalion commander recommended him for
promotion to major on a position vacancy promotion.  The State board
approved NGB Form 89 (Proceedings of a Federal Recognition Examining Board)
on 14 December 2004.  On 28 June 2005, the HRC, St. Louis, sent memorandum
reference Eligibility for Promotion as a Reserve Commissioned Officer Not
on Active Duty for promotion of the applicant to major with an effective
date as 17 June 2006.  Federal recognition special order number 209 AR was
issued for promotion to major effective 14 July 2005.  In accordance with
National Guard Regulation 600-100, chapter 8, which states that the
promotion authority for all ARNG officers is The Adjutant General (TAG), if
the TAG chooses not to promote an officer, he or she is not obligated to do
so.  Paragraph 8-7c states that the State will not promote a commissioned
officer who is being considered by a Headquarters, Department of the Army
selection board from the time the board convenes until its recommendations
are announced.

8.  The official further stated that the NGB, Personnel Division,
recommended disapproval of the applicant's request to adjust his promotion
effective date and date of rank, based on the National Guard Regulation 600-
100, chapter 8.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 8 August 2006.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his promotion effective date and date of rank for
major to 1 September 2004.  He has not shown error, injustice, or inequity
for the relief he now requests.

2.  The evidence of record shows the applicant's commander submitted a
position vacancy promotion package and recommended the applicant for
promotion to major.  The NGB has stated that the State board approved the
applicant for this promotion on 14 December 2004.  Prior to the applicant
being promoted via a position vacancy, the NGB was notified of the
applicant's selection for promotion to major by the 2005 RCSB.  The NGB
extended Federal recognition and promoted him to major effective 14 July
2005, based on his selection by a mandatory promotion board.

3.  In accordance with pertinent ARNG regulations, the State will not
promote a commissioned officer who is being considered by a mandatory
selection board from the time the board convened until its recommendations
are announced.  For this reason, he was appropriately promoted to major
based on his selection by the 2005 RCSB.

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

____T___  ____EM__  ___CD__  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.




                                  ______Marla J.N. Troup_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017517                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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