RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      27 July 2006
      DOCKET NUMBER:  AR20060000484


      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:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |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 adjustment to his date of rank (DOR) for captain
from 26 July 2000 to 26 July 1999.

2.  The applicant states, in effect, that his DOR should be adjusted to a
date that reflects a maximum of 7 combined years of service as a
lieutenant.

3.  The applicant provides copies of his ARPC Form 155-R (Promotion
Qualification Statement), his completion document for the officer basic
course, his appointment memorandum, his promotion memorandum for first
lieutenant, his promotion eligibility memorandum, and his promotion orders
for captain, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
California Army National Guard (ARNG), as a second lieutenant, effective
22 August 1992. He was promoted to first lieutenant effective 21 August
1995.  He was appointed in the Oregon ARNG, as a first lieutenant,
effective 12 April 1999.

2.  His ARPC Form 155-R verifies that he was assigned to a captain's
position effective 12 April 1999.

3.  Based on the maximum of 7 combined years of service as a lieutenant,
his maximum years of service in grade (MYIG) for promotion to captain was
21 August 1999.

4.  The applicant was considered and selected for promotion to captain by
the 1999 Reserve Components Selection Board (RCSB), which convened on
9 November and recessed on 10 December 1999.  The President approved the
board results on 18 April 2000.  He was extended Federal Recognition and
promoted to captain effective 26 July 2000.  Based on his MYIG he should
have been considered by the 1998 RCSB that the President approved on 1
April 1999.

5.  The applicant's records show that he completed the required military
and civilian education for promotion prior to being promoted to captain and
prior to his eligibility (MYIG) date.  The Promotion Qualification
Statement submitted by the applicant verified the required position
assignment, active status, medical qualification, and security clearance
for promotion purposes.

6.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the Army Board for Correction of Military Records (ABCMR) which
could adjust DOR’s for those who were first-time considered and selected
for promotion to captain, after having served more than 7 combined MYIG as
a lieutenant.

7.  The Reserve Officer Personnel Management Act (ROPMA) prescribed the
policies and procedures to consolidate and modernize the laws governing the
management of Reserve component officers.  ROPMA specified that a second
lieutenant serve a MYIG of 2 years before promotion to first lieutenant,
and a first lieutenant serve a MYIG of 5 years before promotion to captain.
 The Reserve Officer Personnel Act in effect prior to ROPMA required
completion of 3 years as a second lieutenant and 4 years as a first
lieutenant before promotion to captain.

8.  ROPMA further specifies that the officer must be serving in a position
requiring the higher grade or assigned to the Individual Ready Reserve or
an Individual Mobilization Augmentee position.  Promotion policy also
requires completion of the necessary military education (officer basic
course) and civilian education (baccalaureate degree).

9.  The ROPMA promotion boards for captains were administratively delayed.
The Presidential approvals of the results of the pertinent promotion boards
were also administratively delayed.  Based on normal processing, they
should have been convened earlier and approved approximately 100 days after
the respective recess dates.  Based on the normal processing, the 1998
RCSB, which convened on 9 November and recessed 11 December 1998, should
have been approved on 21 March 1999.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for captain to
12 April 1999, the date of his assignment to a captain's position, had he
been timely considered for promotion prior to his MYIG date.  The applicant
was unjustly and unfairly required to serve beyond the required MYIG.

2.  Although the applicant was selected for promotion to captain the first
time he was considered after the enactment of ROPMA, the untimely promotion
consideration and delay of his promotion created an injustice that should
now be corrected.

3.  The applicant is otherwise qualified for promotion to captain with an
adjusted DOR, as determined by his appropriate commander/manager, and had
met all other prerequisites for promotion on 12 April 1999.

4.  The applicant was prevented from equitable promotion consideration,
unlike others in his grade in earlier and later year groups who were
considered before and after him, and was unjustly promoted well after his
eligibility.  He was eligible for promotion on or before his MYIG date.  He
was unjustly required to serve in grade beyond the 7 years required by
ROPMA and denied a timely consideration.  The further delay for promotion
board proceeding preparation and processing for Presidential approval
compounded the unfair circumstances.  It is concluded therefore, that had
he been timely considered for promotion prior to his MYIG date, and based
on his first time consideration and selection, a reasonable chance would
have resulted that he would have been selected and promoted on or before
his MYIG date, and entitled to an earlier promotion, an adjusted DOR, and
entitled to pay and allowances in the higher grade.

BOARD VOTE:

___EM___  _JCR___  _J _____  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
State of Oregon Army National Guard and Department of the Army records of
the individual concerned be corrected by showing he was promoted to captain
with an adjusted promotion effective date and date of rank of 12 April
1999, with entitlement to pay and allowances in the higher grade on that
date.




                                  ______John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000484                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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