RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 September 2006
      DOCKET NUMBER:  AR20060001421


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Anderson              |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. Richard O. Murphy             |     |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 the effective date and date of
rank (DOR) of her promotion to first lieutenant (1LT) be changed to June
2003 vice March 2004, as is currently listed.

2.  The applicant states, in effect, that she was notified of her
eligibility for promotion to 1LT in February 2003, and she completed the
required Army Physical Fitness Test (APFT) in June 2003, and as a result
she met the promotion requirements at that time.  She claims that for an
unknown reason, her promotion was delayed until March 2004, and she now
requests this be corrected.

3.  The applicant provides a Notification of Suspended Promotion Status
Memorandum, dated 3 February 2003, and an APFT Scorecard (DA Form 705) in
support of her application.

CONSIDERATION OF EVIDENCE:

1.  On 7 March 2002, the applicant was appointed a second lieutenant (2LT)
in the Army Nurse Corps (ANC) of the United States Army Reserve (USAR).
The appointment memorandum issued by the United States Army Personnel
Command (PERSCOM), St. Louis, confirms she received no constructive service
credit in conjunction with her appointment.

2.  On 12 March 2005, United States Army Human Resources Command (HRC), St.
Louis, issued Orders Number B-05-501890.  These orders authorized the
applicant's promotion to 1LT effective 12 May 2005, with a DOR of 6 March
2004.

3.  In connection with the processing of this case, an advisory opinion was
obtained from the Promotions Manager, Army Medical Department (AMEDD),
Professional Management Command.  This official confirms the effective date
of the applicant's appointment into the USAR was 7 March 2002, which made
her Promotion Eligibility Date (PED) to 1LT 6 March 2004.  He further
indicates that the applicant did not receive constructive service credit
from the Army when she was appointed, which would have made her eligible
for an earlier promotion.  He further indicates that the letter sent to the
applicant indicating she was eligible for promotion in February 2003, was
sent in error.  He further indicates that the HRC-St. Louis, Reserve
Component (RC), Promotions Branch, confirms the applicant did not go before
an administrative board until March 2005, and that she was provided a back-
dated DOR of 6 March 2004 based on her PED.
4.  On 24 July 2006, the applicant was provided a copy of the AMEDD,
Professional Management Command advisory opinion in order to have the
opportunity to respond to and/or to rebut its contents.  To date, she has
failed to reply.

5.  The applicant provides a Notification of Suspended Promotion Status
Memorandum, dated 3 February 2003, which was issued by the National AMEDD
Augmentation Detachment, Fort McPherson, Georgia, which indicated she had
been recommended for promotion to 1LT.  However, she did not meet the
requirements for promotion because she did not meet the APFT and Height and
Weight requirements.  She also provides an APFT Scorecard that confirms she
passed the APFT on 5 June 2003.

6.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other Than General Officers) prescribes policy and procedures used
for selecting and promoting commissioned officers (other than commissioned
warrant officers) of the Army National Guard of the United States (ARNGUS)
and of commissioned and warrant officers (WO) of the USAR.  Chapter 2
contains the promotion eligibility and qualification requirements, and
Table 2-1 contains the time in grade requirements for commissioned
officers, other than commissioned warrant officers.  It states, in
pertinent part, that the minimum time in grade requirement for promotion
from 2LT to 1LT is 2 years, and the maximum time in grade requirement is 42
months.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant did not meet the
minimum time in grade requirement for promotion from 2LT to 1LT until 6
March 2004, which was two years after her initial appointment.  As a
result, notwithstanding the erroneous promotion status memorandum issued in
February 2003, the applicant's 1LT DOR was properly established as 6 March
2004, which was her established PED.  Therefore, there is an insufficient
evidentiary basis to support granting the requested relief.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ENA _  __RML__  __ROM__  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.




                                  _____Eric N. Anderson _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001421                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/14                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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