RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050018261


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr David Tucker                   |     |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 that her records be corrected by adjusting her
date of rank to second lieutenant from 13 September 2003 to 7 March 2003,
with all back pay and allowances.

2.  The applicant states that she believes that her date of rank for
commissioning should be back-dated from 13 September 2003 to 7 March 2003,
the day she graduated from OCS.  At the time of her attendance at OCS she
was serving at Fort Sam Houston, ISO, Noble Eagle II.  She was told that
because she was on NE II orders she could not receive her commission until
her orders were completed on 3 August 2003.  At the time she was not aware
that her comrades, who were also on NE II orders, were commissioned the day
they graduated from OCS, 7 March 2003.

3.  The applicant provides copies of her Noble Eagle II Orders, OCS
Graduate Certificate, Oath of Office, documents on commissioning and
promotion of two other classmates, as well as various other memo's and
forms in support of her request.

CONSIDERATION OF EVIDENCE:

1.  On 12 August 2002, the applicant was directed to proceed on temporary
change of station to Fort Sam Houston, Texas, in support of Operation Noble
Eagle for a period of 365 days.  The applicant is currently deployed in
support of Operation Iraqi Freedom.

2.  The applicant submits a certificate showing that she graduated from
Officer Candidate School (OCS), Course M01, at Fort McClellan, Alabama, on
8 March 2002.

3.  On 13 September 2003, the applicant was commissioned as a second
lieutenant, and granted temporary Federal recognition in the Army National
Guard.

4.  The applicant completed the Quartermaster Officer Basic Course, on
27 January 2004.  Federal recognition Order Number 347, dated 13 December
2005, were published promoting the applicant to first lieutenant effective
13 September 2005.



5.  The applicant provides documentation on another Soldier who graduated
in March 2003, from the same OCS Course M01 on 7 March 2003, was order to
active duty in support of Operation Noble Eagle, as was the applicant,
however the other Soldier was appointed as a second lieutenant on 7 March
2003 the day they graduated from OCS, and was promoted to first lieutenant
on 7 March 2005.

6.  In the processing of this case an Advisory Opinion was obtained from
the Department of the Army, National Guard Bureau, which stated that the
applicant had provided documentation on one of the officers who graduated
from the same OCS and had been ordered to active duty for the purpose of
Operation Noble Eagle, and an order appointing that officer in the Army
National Guard effective
7 March 2003.  She also provided Federal recognition order for her peers
that graduated from the same OCS class together as being appointed also on
7 March 2003.

7.  The Advisory Opinion recommended that the applicant's second lieutenant
date of rank and initial appointment effective date be adjusted from
13 September 2003 to 7 March 2003, and that her first lieutenant promotion
date be adjusted from 13 September 2005 to 7 March 2005, with back pay and
allowances.  There recommendation was based on other officers that
graduated from the same OCS class and were activated in support of
Operation Noble Eagle and were appointed on the same day they all graduated
from OCS.  The opinion noted that the National Guard Bureau, Personnel
Policy and Readiness Division, concurred with Personnel Division
recommendations.

8.  The applicant was provided a copy of the Advisory Opinion on 22 June
2006, and concurred with the opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was disadvantaged when her appointment as a second
lieutenant was inadvertently delayed until 13 September 2003, instead of
7 March 2003, her graduation date from OCS, and the date her peers who
graduated from OCS with her were appointed.

2.  As a result of her erroneous appointment to second lieutenant on
13 September 2005, her promotion to first lieutenant was inadvertently
delayed until 13 September 2005.



3.  In the interest of justice and equity, it would be appropriate to
adjust the applicant's appointment date as a second lieutenant to 7 March
2003, the date of her graduation from OCS, and the date her peers received.
 Her date of rank to first lieutenant should also be adjusted from 13
September 2005 to 7 March 2005.  The applicant is also entitled to all back
pay and allowances.

BOARD VOTE:

___WC__  ___JR  __  ___DT __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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
showing the applicant was appointed as a second lieutenant on 7 March 2003,
and was promoted to first lieutenant on 7 March 2005, with all back pay and
allowances.




                                  _____  William Crain_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018261                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]