RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060001447


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 his Federal Recognition promotion date to
captain be corrected to show 28 June 2005.

2.  The applicant states that he was selected for promotion by the 2004
Department of the Army Mandatory Selection Board.  The applicant continues
that his promotion packet was forwarded to the National Guard Bureau (NGB)
on 28 June 2005 and that his Federal Recognition was not issued until 4
October 2005 due to an administrative error.

3.  The applicant provides a copy of NGB Federal Recognition Orders Number
242 AR, NGB Federal Recognition Orders Number 289 AR, NGB Federal
Recognition Orders Number 290 AR, District of Columbia Army National Guard
(DCARNG) Orders Number 178-052, and a memorandum from the Deputy Chief of
Staff of the Joint Force Headquarters, DCARNG in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  NGB Federal Recognition Orders Number 242 AR, dated 7 September 2001,
show that the applicant was promoted to the rank of first lieutenant on 29
August 2001.  These orders show the applicant's SSN as "213-XX-XXXX."

2.  On 1 March 2005, the applicant was notified by the US Army Human
Resources Command that he was selected for promotion to the grade of
captain.

3.  DCARNG Orders Number 178-052, dated 27 June 2005, show that the
applicant was promoted to the grade of captain effective 28 June 2005.

4.  A copy of the promotion packet forwarded to the NGB is not available
for review with this case.

5.  NGB Federal Recognition Orders Number 289 AR, dated 4 October 2005,
show that the applicant was promoted to the grade of captain effective 4
October 2005.  These orders further show the applicant's SSN as "231-XX-
XXXX."

6.  NGB Federal Recognition Orders 290 AR, dated 5 October 2005, amended
NGB Federal Recognition Order Number 242 AR, dated 7 September 2001, to
show the SSN as "231-XX-XXXX."


7.  The Deputy Chief of Staff of the Joint Force Headquarters of the DCARNG
provided a memorandum of support with this case.  The Deputy Chief of Staff
of the Joint Force Headquarters stated that the DCARNG forwarded the
applicant's promotion packet to the NGB on 28 June 2005 and that because of
an administrative error on his permanent Federal Recognition Orders for
promotion to first lieutenant, the NGB could not timely process the
promotion packet.

8.  The Deputy Chief of Staff of the Joint Force Headquarters argued that
once the correction was completed, the applicant's promotion to captain was
Federally recognized with the effective date 5 October 2005.

9.  National Guard Regulation 600-100 (Commissioned Officer-Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 8-15
specifically provides procedures for Federal Recognition after selection
for promotion as a Reserve of the Army officer.  Specifically, an Army
National Guard commissioned officer, not on active duty, who is selected
for promotion as a Reserve commissioned officer of the Army resulting from
mandatory consideration may be extended Federal Recognition in the higher
grade subject to the following conditions: the officer had reached
promotion eligibility date, the officer has remained in an active status
since the date selected for promotion, the officer is medically qualified
and meets height and weight standards, the officer has received Senate
confirmation for promotion to the grade of lieutenant colonel or colonel,
and the officer is promoted in State status to fill an appropriate position
vacancy in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Federal Recognition for promotion to
the grade of captain was delayed due to an administrative error.

2.  Records clearly show that the applicant was selected for promotion to
the grade of captain by a Department of the Army Mandatory Selection Board
and that the DCARNG promoted him to captain on 28 June 2005.

3.  Evidence further shows that the applicant's official military personnel
records contained an administrative error which resulted in the delay of
the processing of the applicant's promotion and award of permanent Federal
Recognition for promotion to the grade of captain.  From the foregoing, it
is clear that an administrative error denied the applicant permanent
Federal Recognition for promotion to the grade of captain effective 28 June
2005.

4.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 289 AR, dated 4 October 2005, amended
to show the effective date of permanent Federal Recognition for promotion
to the grade of captain as 28 June 2005.

BOARD VOTE:

_RTD____  _RMN____  _DAC__  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
amending Federal Recognition Order Number 289 AR, dated 4 October 2005, to
show the effective date of permanent Federal Recognition for promotion to
the grade of captain as 28 June 2005.




                                       Richard T. Dunbar__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001447                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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