RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060000921


      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. William F. Crain              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. 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, in effect, adjustment to his promotion
effective date and date of rank to major.

2.  The applicant states, in effect, his promotion effective date and date
of rank to major was 5 months too late.  His time in grade (TIG) as a
captain was 7 years and 5 months based on the promotion orders.  Army
Regulation 135-155 states the maximum years in the lower grade is 7 years.


3.  The applicant provides copies of his promotion memorandums for captain
and major and Army Regulation 135-155, paragraph 2-15 (Exceptions), in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the Wisconsin
Army National Guard (WIARNG), as a second lieutenant, effective 11 August
1985.  He was promoted to first lieutenant effective 10 August 1988.

2.  He was separated from the WIARNG effective 21 December 1990 and
transferred to the United States Army Reserve, Individual Ready Reserve.

3.  He was issued a promotion memorandum, dated 8 April 1993, showing his
promotion to captain with a promotion effective date and date of rank of
1 March 1993.

4.  He was issued a corrected promotion memorandum, dated 1 March 1994,
showing his promotion to captain with a promotion effective date and date
of rank of 1 March 1994.

5.  He was considered and selected for promotion to major by the 2000
Reserve Components Selection Board (RCSB) that convened on 7 March and
recessed on 6 April 2000.  The President approved the board results on 19
July 2000.

6.  The Office of Promotions, Human Resources Command (HRC), St. Louis,
Missouri, verified that he was assigned to a major's position effective 1
July 1999 and results of the 2000 RCSB were released on 10 August 2000.




7.  Based on the required completion of 7 years maximum TIG (MTIG), his
promotion eligibility date (PED) for major was 28 February 2001.

8.  In an advisory opinion, dated 27 April 2006, the Chief, Specials
Actions Branch, Office of Promotions, Reserve Components, HRC, St. Louis,
Missouri, stated that the applicant was selected for promotion to major by
the 2000 RCSB with a PED of 28 February 2001, based on 7 years TIG.  The
applicant was promoted with a date of rank of 1 August 2000[sic], the date
the board was approved for release.  The applicant's date of rank is in
accordance with Army Regulation 135-155, paragraph 4-21, which states, unit
officers will have a promotion date and effective date of promotion no
earlier than the approval date of the board that selected the officer for
promotion.

9.  The HRC official also states that the applicant served 6 years and 5
months TIG as a captain.  The applicant was erroneously promoted to captain
with a date of rank of 1 March 1993 on orders dated 8 April 1993.  His date
of rank was corrected to 1 March 1994, based on 4 years TIG as a first
lieutenant and 1 year, 6 months, and 20 days time served in the inactive
Army National Guard (ARNG). The orders pertaining to the inactive service
and the corrected promotion order are in the applicant's official file and
he can access the documents through his Army Knowledge On-Line Account.
Based on the corrected date of rank for captain and the regulation, 1
August 2000, is the applicant's correct date of rank. In view of the
foregoing, it was recommended the applicant's request be denied.

10.  The advisory opinion was forwarded to the applicant for acknowledgment
and/or rebuttal on 24 May 2006.  He did not respond.

11.  Army Regulation 135-155 prescribes the policies and procedures for
the promotion of Reserve officers.  This regulation specifies that
officers in the grade of captain may be promoted to major upon completion
of 7 years MTIG, selection by a mandatory promotion board, and have met
all requirements for promotion.  An officer selected for the first time
for promotion to the next higher grade may be promoted on or before the
date that he/she completes the maximum years of service.

12.  Army Regulation 135-155, also specifies that an officer is promoted
after selection, if all qualifications are met.  An officer selected by a
mandatory promotion board will have a promotion effective date and date of
rank no earlier than the date of approval of the mandatory board by which
recommended.



DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the advisory opinion rendered in this case, the
applicant is entitled to an adjustment to his promotion effective date and
date of rank for major from 1 August to 19 July 2000, the presidential
approval date of the 2000 RCSB, based on his first time selection, with
entitlement to back pay and allowances.

2.  Pertinent regulations show that the applicant was eligible for
promotion on or before his MTIG date of 28 February 2001.  He was selected,
met all qualifications for promotion, and promoted to major on 1 August
2000.  However, he was eligible for promotion on the approval date of the
2000 RCSB.  The untimely delay of his promotion created an injustice that
should now be corrected.

3.  The evidence of record shows the applicant's date of rank for major
was corrected to 1 March 1994.  In accordance with pertinent regulations
he was eligible for promotion to the next higher grade on or before the
date he completed the required 7 years MTIG (28 February 2001); however,
promotion would be no earlier that the date the President approved the
board.  Therefore, the earliest date he was entitled was 19 July 2000,
the date the President approved the 2000 RCSB.

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

BOARD VOTE:

__JCR___  __DWT_  __WFC__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 he was promoted to major with an adjusted promotion
effective date and date of rank of 19 July 2000, with entitlement to the
pay and allowances in the higher grade on that date.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adjustment to his promotion effective date and date of rank for major to a
date earlier than 19 July 2000.




                                  _____William F. Crain____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000921                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|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.                      |                                        |


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