RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060001733


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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 he be paid or reimbursed for lost drills
during the periods 17 August 2005 through 18 August 2005 (sic) and 18
September 2005 through 21 September 2005 (sic) and be credited with the
applicable retirement points.

2.  The applicant states, in effect, that error by the National Guard
Bureau (NGB) for failing to inform Joint Field Headquarters (JFHQ) that he
had been extended resulted in his incorrect discharge and inability to
perform the required drills. He continues that upon learning of the error,
his retirement orders were rescinded and he was allowed to complete all the
drill periods that were within the allowed window of performance.

3.  The applicant further states that due to no fault of his own, he was
unable to perform the drills in August 2005 or in September 2005.  He
continues that due to this error, he lost valuable income and retirement
points for 2005.

4.  The applicant provides three pages of e-mail correspondence; Federal
Recognition Orders Number 341 AR, dated 5 December 2005; Massachusetts Army
National Guard (MAARNG)  Office of The Adjutant General (TAG) Orders Number
335-12, dated 1 December 2005; Federal Recognition Orders Number 201 AR,
dated 6 July 2005; a memorandum from the Chief, Personnel Division, NGB,
dated 12 July 2005; a copy of "Declination of Selective Continuation on the
Reserve Active-Status List (RASL); a MAARNG Orders Number 158-14, dated
7 June 2005; a DA Form 1059 (Service School Academic Evaluation Report),
dated 10 May 2005; a diploma from the Command and General Staff College,
dated 10 May 2005; a memorandum from the U.S. Human Resources Command,
dated 14 December 2004; a memorandum from the U.S. Human Resources Command,
dated 19 February 2004; a DA Form 2-1 (Personnel Qualification Record);
Federal Recognition Orders Number 17 AR, dated 29 January 1998; a DA Form
1059, dated 28 June 1996; and a certificate of completion from the Judge
Advocate General's School, dated 28 June 1996, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 19 February 2004, the applicant was notified by the U.S. Army Human
Resources Command that he was not selected by the Army Reserve Components
Mandatory Selection Board which convened in September 2003 for promotion to
the rank of lieutenant colonel.  This memorandum further informed the
applicant that his records did not indicate that he had completed the
required civilian and/or military education requirements for promotion to
the next higher grade.

2.  On 14 December 2004, the U.S. Army Human Resources Command notified the
applicant that the Army Reserve Components (RC) Selection Board which
convened on 9 September 2004 did not select him for promotion to the next
higher grade.

3.  DA Form 1059 (Service School Academic Evaluation Report), dated 10 May
2005, shows the applicant attended and completed the Command and General
Staff Officer Course.

4.  MAARNG Office of The Adjutant General (TAG) Orders 158-14, dated 7 June
2005, honorably separated the applicant from the Army National Guard
effective 1 July 2005 and transferred him to the Retired Reserve.

5.  Federal Recognition Orders Number 201 AR, dated 6 July 2005, withdrew
the applicant's Federal Recognition and transferred him to the United
States Army Reserve/Retired Reserve effective 1 July 2005.

6.  A memorandum, dated 12 July 2005, from the Chief, Personnel Division of
the Army National Guard Bureau informed the applicant that the Secretary of
the Army directed that a Selection Continuation (SELCON) board convene to
consider him for continued service on the Reserve Active Status List (RASL)
for officers who were twice non-selected by RC Promotion Selection Board
(PSB).  The Chief, Personnel Division further informed him that he was
recommended by the SELCON board for continuation of service in his present
grade and was approved by the Secretary of the Army.

7.  The Chief, Personnel Division stated that unless the applicant
specifically declined the continuation, he would continue to serve until 1
December 2007, not to exceed the maximum years of service allowed by law
and that future PSBs would consider him for promotion as long as he remains
eligible for consideration.

8.  The applicant submitted 3 pages of emails, dated 4 August 2005.  These
emails show communication between the NGB and MAARNG regarding the SELCON
board results.

9.  MAARNG TAG Orders Number 335-12, dated 1 December 2005, revoked MAARNG
TAG Orders Number 158-14, dated 7 June 2005 pertaining to the separation of
the applicant from the National Guard.

10.  Federal Recognition Orders Number 341 AR, dated 5 December 2005,
revoked Federal Recognition Orders Number 201 AR, dated 6 July 2005,
regarding the change of the applicant's Federal Recognition status.

11.  The NGB provided an advisory opinion in this case.  The Chief,
Personnel Division stated the applicant has requested reimbursement for
lost drills for the periods 17 August 2005 through 18 August 2005 and 18
September 2005 through 21 September 2005 and that he be credited
accordingly with the applicable pay and retirement points.

12.  The Chief, Personnel Division stated that the applicant alleged that
the NGB failed to inform the MAARNG, Military Personnel Office (MILPO) that
he had been extended in the Army National Guard United States (ARNGUS)
resulting in the incorrect discharge and the inability to perform the
required drills that were within the allowed window, due to no fault of his
own.  The Chief, Personnel Division continued that as a result of this
error, the applicant contends he had been prejudiced and lost valuable
income and retirement points for the Cycle Year (CY) 2005.

13.  The Chief, Personnel Division stated that the applicant completed the
Judge Advocate Officer Advanced Course on 28 June 1996 and was promoted to
major on 29 June 1998.  The Chief, Personnel Division continued that the
Human Resources Command (HRC)-St. Louis sent two memoranda, dated
19 February 2004 and 14 December 2004, which informed the applicant that he
was non-selected for promotion to lieutenant colonel.

14.  The Chief, Personnel Division stated that MAARNG published order
number 158-14, dated 7 June 2005, separating the applicant from the Army
National Guard and transferring him to the Retired Reserve effective 1 July
2005 and that Federal Recognition Order Number 201 AR, dated 6 July 2005,
transferred him to the United States Army Reserve/Retired.



15.  The Chief, Personnel Division indicated that their office sent a
memorandum to the applicant on 12 July 2005 regarding the SELCON board and
in the email traffic between the NGB, Personnel and MAARNG MILPO which
directed that the separated officers be contacted in order for them to
accept or decline the SELCON.

16.  The Chief, Personnel Division stated that on 1 December 2005, the
MAARNG published order number 335-12, which revoked the applicant's
separation from the ARNG and Federal Recognition Order Number 341 AR was
issued on 5 December 2005 which also revoked his separation.

17.  The Chief, Personnel Division recommends approval of the applicant's
request for reimbursement of lost drills and be credited accordingly to his
Retirement Points Accounting System (RPAS).  The National Guard Bureau
Personnel Policy and Readiness Division concurs with the recommendations.

18.  The applicant was provided a copy of the National Guard Bureau
advisory opinion for review and comment.  The applicant did not provide a
written response.

19.  A staff member of the Board coordinated with the applicant's unit and
was provided a copy of the 2005 Training Year Schedule.  As pertains to the
months in question, the unit was scheduled and drilled Multiple Unit
Training Assemblies (MUTA) 18, 19, 20 and 21 August 2005 (MUTA 8) and 17
and 18 September 2005 (MUTA 4).

20.  Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers other than General Officers) prescribes the policies and
procedures for promotion of Reserve officers.  Paragraph 4-34 of this
regulation states that an officer twice non-selected for promotion by a
mandatory Reserve of the Army selection board must be removed within the
prescribed time limits.  However, subject to the needs of the Army,
officers pending separation because of having twice failed to be selected
for promotion to major or lieutenant colonel may be selectively continued
on the RASL in their present grade.  The Secretary of the Army may direct a
selective continuation board to consider officers for continuation when
required by the needs of the Reserve of the Army.  A selective continuation
board must recommend the officers for continuation and the Secretary of the
Army must approve the recommendation before officers may continue.
Selectively continued officers, if otherwise eligible, will continue to be
considered for promotion until separation.  Continuation for captain or
major will normally be for 3 years from the approval date of the selective
continuation board
by which the officer is recommended for continuation.  However,
continuation may not extend beyond the date on which the officer completes
20 years of commissioned service (captain) or 24 years of commissioned
service (major).  The Secretary of the Army may adjust the period of
selective continuation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reimbursement for drills he was unable to attend
due to an error by the NGB.

2.  Regulation states those officers twice non-selected for promotion by a
PSB must be removed from the service.  Evidence shows the applicant was
twice nonselected by a PSB for promotion to lieutenant colonel.

3.  However, regulation further states that the Secretary of the Army may
direct a SELCON board to consider officers who were twice non-selected for
continuation.  Evidence shows that the applicant was recommended by the
SELCON board for continuation and the Secretary of the Army approved the
recommendation.

4.  Evidence shows that in August 2005, the NGB corresponded with MAARNG by
email regarding the SELCON board results.  Evidence further shows that the
applicant's discharge was not voided until December 2005; therefore, due to
this delay he was not able to attend the drills in August 2005 and
September 2005.

5.  Based on the above facts and in accordance with regulation, it would be
in the interest of justice to correct the applicant's records to show that
he attended the missed drills based on the unit's training schedule and
that he receive credit towards retirement with appropriate back pay and
allowances as a result.

BOARD VOTE:

__DED__  __LWR__  __RTD___  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 the
State Army National Guard records and all Department of the Army records of
the individual concerned be corrected by showing he attended the drills on
17, 18, 19 and 21 August 2005 (MUTA 8) and 17 and 18 September 2005 (MUTA
4), received credit towards retirement, and all back pay and allowances as
a result.




                                     __Richard T. Dunbar__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060001733                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  334  |135.0200.0000                           |
|2.  297                 |128.1400.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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