RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 December 2006
      DOCKET NUMBER:  AR20060000892


      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 Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, that his enlistment contract be
voided with reinstatement in the United States Army Reserve (USAR) Control
Group and promoted to lieutenant colonel, based on the results of a special
selection board (SSB).

2.  The applicant states, in effect, that he was selected for promotion to
lieutenant colonel by a special board.

3.  The applicant provides copies of his enlistment contract and his
promotion consideration memorandum in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was appointed in the
USAR, as a second lieutenant, effective 18 December 1978.  He was promoted
to captain effective 15 August 1985 and to major effective 14 August 1992.

2.  He was appointed in the Oklahoma Army National Guard (OKARNG), as a
major, effective 29 October 1997.

3.  He was considered and not selected for promotion to lieutenant colonel
by the 1999 and 2000 Reserve Components Selection Boards.

4.  He was discharged from the OKARNG effective 7 February 2000 and was
transferred to the USAR Control Group (Reinforcement).

5.  He enlisted in the OKARNG, as a sergeant, pay grade E-5, effective
16 May 2001.

6.  On 10 March 2003, he requested, in effect, promotion reconsideration to
lieutenant colonel based on material error.  On 12 January 2004, the Board
advised him that it could not consider his application until he had
exhausted all administrative remedies to correct the alleged error or
injustice.  He was advised to apply to the Human Resources Command (HRC)
for promotion reconsideration.

7.  On 6 May 2005, the HRC, St. Louis, Missouri, issued to him a promotion
consideration memorandum, dated 6 May 2005, advising him of his
consideration for promotion to lieutenant colonel by a Department of the
Army Standby
Advisory Board (STAB) which convened on 5 August 2004.  He was further
advised he had been recommended under the 2000 year criteria with a
promotion effective date and date of rank of 8 February 2001.

8.  He was appointed in the OKARNG, as a major, effective 28 March 2006.
His records do not show his enlistment in the OKARNG was voided at the
time.

9.  He was honorably discharged from the OKARNG, as a major, effective
11 April 2006 and transferred to the USAR Control Group (Reinforcement).

10.  His ARNG Retirement Points History Statement, dated 25 April 2006,
shows he has 35 years, 2 months, and 18 days qualifying service for retired
pay.

11.  Army Regulation 135–155, prescribes the policies and procedures for
the promotion of Reserve and ARNG officers.  This regulation specifies that
officers in the grade of major who have failed selection for promotion to
lieutenant colonel a second time will be removed from active status, unless
subsequently placed on a promotion list, selected for continuation, or
retained in the Ready Reserve with 18 or more but less than 20 qualifying
years of service for retired pay.

12.  Army Regulation 135-155, also specifies that promotion consideration/
reconsideration by a SSB/STAB may only be based on erroneous non-
consideration or material error, which existed in the record at the time of
consideration.  Officers selected by a special board are eligible for the
same date of rank that they would have received by the original board in
which the error occurred.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
voiding of his discharge from the OKARNG dated 7 February 2000 and voiding
of his enlistment contract in the OKARNG dated 16 May 2001.

2.  The applicant is also entitled to reinstatement to the United States
Army Reserve Control Group and promotion to lieutenant colonel on his date
of eligibility under the 2000 year criteria or the date he met all
requirements for promotion, with entitlement to all applicable back pay and
allowances.

3.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.


BOARD VOTE:

___MJF_  __S_____  __E_____  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
the State of Oklahoma and Department of the Army records of the individual
concerned be corrected:

      a.  by voiding the Oklahoma Army National Guard discharge of the
individual concerned dated 7 February 2000, with reinstatement to the
United States Army Reserve Control Group;


      b.  by voiding his 16 May 2001 enlistment in the Oklahoma Army
National Guard;


      c.  by showing he was promoted to lieutenant colonel, on his date
of eligibility, under the 2000 year criteria, or the date he met all
requirements for promotion, with entitlement to all applicable back pay
and allowances;


      d.  that an adequate explanation be placed in his official personnel
files to show that the gap in his officer evaluation reports, from the date
of his now-voided discharge, to the date of his return to the United States
Army Reserve Control Group in a Reserve officer commissioned status, was
not caused by any fault on his part, and to insure that he is not
prejudiced thereby in the consideration of any future personnel actions;

      e.  that all documents related to his now-voided non-selection for
promotion by the 2000 Reserve Components Selection Board and his discharge
of 7 February 2000 be expunged from his official military records; and




      f.  by offsetting the pay received by the applicant in his previous
status and payment of any difference that he may be due.




                                  _____John N. Sloan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2006000892                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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