RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      7 November 2006
      DOCKET NUMBER:  AR20060002411


      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. Patrick H. McGann, Jr.        |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Mr. David K. Haasenritter         |     |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, correction to his rank at time of
appointment in the Dental Corps from first lieutenant to captain and
adjustment to his date of rank for major.

2.  The applicant states, in effect, that he was appointed in the Dental
Corps.  In January 2000, he transferred to the United States Army Reserve
(USAR) from the South Dakota Army National Guard (SDARNG).  His promotion
packet was considered by a promotion board and he was determined to be not
educationally qualified.  He was unaware that his packet went before a
board.  When his packet was again considered by the board in 2004, the same
result occurred; not educationally qualified.  He was not advised of the
results of the 2004 promotion board and on his own has sent in documents;
and, a year after being selected, he is now a major.

3.  He also states that the first error occurred when he was demoted to
first lieutenant from captain upon graduation from dental school.  He had
been a captain since 1993.  It was not justified to demote him because he
graduated from dental school and improved his life and the skills available
to the Army.  Second, upon transferring to the Reserve, he should have been
promoted in 2001, if his unit had done anything to include sending his
diploma to the Promotions Branch.  He finds it hard to believe he
transferred to the Reserve as a dentist but one year later, he is
determined not educationally qualified.  He should have been promoted to
major in 1997 or 1998 and to lieutenant colonel in 2001 or 2002.  He had
been demoted and hampered by transferring to a unit that has been put on
the deactivation list and reorganized twice.  He was happy to serve in Iraq
and would be happy to serve another 10 years if the Army would rectify a
few errors.

4.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the Missouri
ARNG (MIARNG), Field Artillery Branch, as a second lieutenant, effective 7
May 1988, with prior enlisted service.  He was promoted to first lieutenant
effective 24 May 1991.

2.  The applicant was awarded a Bachelor of Arts in Biological Sciences
degree effective 21 December 1990.

3.  The applicant was awarded a Doctor of Dental Surgery degree effective
2 June 1996.

4.  In a memorandum, dated 19 November 1996, the Chief, Program Management
Branch, Headquarters, US Army Recruiting Command, Fort Knox, Kentucky,
advised the National Guard Bureau (NGB), that an Army Medical Department
(AMEDD) Selection Board had reviewed the professional qualifications of the
applicant and recommended his appointment in the Dental Corps, SDARNG, as a
first lieutenant.

5.  On 1 March 1997, a Federal Recognition Examining Board (FREB) found the
applicant possessed the necessary qualifications for appointment as a first
lieutenant in the Dental Branch in the ARNG.

6.  The applicant was appointed as a Reserve Commissioned Officer of the
Army in the SDARNG, Dental Corps Branch, as a first lieutenant, effective 1
March 1997, with a date of rank of 25 December 1993.

7.  The applicant was promoted to captain effective 25 November 1997.

8.  The Office of Promotions, Reserve Components (RC), Human Resources
Command (HRC), St. Louis, verified that the applicant was separated from
the SDARNG effective 2 February 2000 and transferred to the USAR (Control
Group) and was subsequently reassigned to a Reserve unit.

9.  The applicant was considered and not selected for promotion to major by
the 2001 AMEDD Reserve Components Selection Board (RCSB) that convened on
26 March and recessed on 20 April 2001.  He was not qualified for promotion
based on the lack of the required military education, completion of an
AMEDD OBC, on or before the board convening date.

10.  The Secretary of the Army established the promotion zone for the 2001
major AMEDD RCSB for officers with dates of rank for captain from 17 May
1996 through 16 May 1997.

11.  Based on the fact the applicant's date of rank for captain of 25
November 1997 did not place him in the zone of consideration for the 2001
AMEDD RCSB, his name was deleted off the board's official results.  The
Office of Promotions, RC, HRC, also verified that the applicant's date of
rank for captain did not place him in the zone of consideration by the 2002
and 2003 AMEDD RCSBs.

12.  The applicant was considered and not selected for promotion to major
by the 2004 AMEDD RCSB that convened on 21 January and recessed on
11 February 2004.  He was not qualified for promotion based on the lack of
the required military education, completion of an AMEDD OBC, on or before
the board convening date.

13.  The applicant was considered and selected for promotion to major by
the 2005 AMEDD RCSB that convened on 11 January and recessed on 28 January
2005.  The board results were approved on 24 March 2005.  The Office of
Promotions, Reserve Components, HRC, verified that the Memorandum of
Instructions waived the military education requirement for the 2005 AMEDD
RCSB.

14.  The applicant was promoted to major with an effective and date of rank
of 8 January 2006, the date of removal of an unfavorable personnel action
(FLAG).

15.  In an advisory opinion, dated 24 April 2006, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, HRC, St. Louis, Missouri,
stated that the applicant was promoted to captain on 5 August 1983, while
serving as a Field Artillery Officer in the ARNG.  He was appointed in the
Dental Corps, on 1 March 1997, as a first lieutenant, with a date of rank
of 25 December 1993.  The Dental Corps is a specialty branch, and the grade
an officer is appointed with is determined by the Reserve Appointments
Branch.  The applicant's concerns should be addressed to the Commander, HRC-
STL, Attn:  HRC-OPD-R (Reserve Appointments Branch), 1 Reserve Way, St.
Louis, Missouri 63132-5200.

16.  The HRC official also stated that the applicant was promoted to
captain by the ARNG on orders dated 29 August 1997, with a date of rank of
25 November 1997.  He was considered and non-selected for promotion to
major by the 2001 RCSB.  Based on the fact he was not in the zone of
consideration for that board, his name was deleted off the board's official
results on 5 October 2004.  The earliest board he was eligible to be
considered by was the 2004 selection board, which non-selected him for
promotion.  The education requirement for the 2004 year criteria was
completion of the AMEDD OBC.  There was no verification the applicant had
completed the course; therefore, he was non-selected for promotion.  He was
selected by the 2005 board and promoted with a date or rank of 8 January
2006, the effective date of removal of a FLAG.  Based on removal of the
FLAG, 8 January 2006, this is the applicant's correct date of rank for
major.  In view of the facts, the Office of Promotions (RC) recommended
that the applicant's request be disapproved.

17.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 21 July 2006.  He did not respond.

18.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve and ARNG officers.  This regulation specifies that
completion of 7 years maximum time in grade is required before promotion to
major.  The regulation also specifies that when an officer has been
recommended for promotion to the next higher grade, the officer’s promotion
is automatically delayed when the officer is under suspension of favorable
personnel actions.  The date of rank and effective date of promotion after
an involuntary delay due to any adverse administrative action, will be the
day after the date a filing of determination is made.

19.  Army Regulation 135-155 further specifies that AMEDD officers,
regardless of grade in which appointed, appointed on and after 1 June 1986,
are required to complete the AMEDD resident OBC within 3 years after
appointment.

20.  Army Regulation 135-155 also specifies that the Secretary of the Army
or his or her designee will establish the zone of consideration for each
mandatory promotion board for commissioned officers.

21.  National Guard Regulation 600-100, chapter 2, provides that applicants
for appointed in the health professions and related specialties will submit
evidence of professional education, appropriate current license, and
evidence of qualifying experience as prescribed in Army Regulation 135-101
(prescribes the policies, procedures and eligibility criteria for
appointment of commissioned officers in the Reserve, in the six branches of
the Army Medical Department (AMEDD)).  Request for appointment will include
a request for award of Area of Concentration required by the position the
officer will occupy.  Eligibility of applicant for appointment in special
branch will be determined by the Chief of each respective special branch
and the Chief, NGB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was demoted from captain to first
lieutenant upon his appointment in the Dental Corps.  The evidence shows
that on 1March 1997 a FREB found the applicant possessed the necessary
qualification for appointment as a first lieutenant in the Dental Branch of
the SDARNG.  It appears that he received credit for his professional
education, appropriate current license, and evidence of qualifying
experience based on the adjustment to his date of rank for first lieutenant
to 25 December 1993 upon his appointment in the Dental Corps.  Therefore,
the applicant has not shown error, injustice, or inequity for the relief he
now requests.

2.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his date of rank for major.  His contentions that
he was fully educationally qualified and should have been promoted to major
in 1997 or 1998 have been noted.  However, the applicant was extended
Federal Recognition and promoted to captain in the SDARNG with a date of
rank of 25 November 1997.  He was separated from the SDARNG effective 2
February 2000 and transferred to the USAR.  Based on his date of rank for
captain he was considered for promotion to major by the first eligible
board in 2004.  He was not selected based on the fact he had not completed
an AMEDD OBC, the military education requirement.

3.  The Memorandum of Instructions waived the military education
requirement for the 2005 AMEDD RSCB and the applicant was selected for
promotion to major.  He was promoted to major effective 8 January 2006
based on removal of a FLAG in accordance with pertinent regulation.
Therefore, he received the earliest promotion effective date and date of
rank for major to which he was entitled. He was not eligible for an earlier
promotion to major as he was not qualified on an earlier date.

4.  Without evidence, the Board cannot conclude that the applicant met all
qualifications for promotion to major prior to 8 January 2006.  The
applicant has not submitted sufficient evidence to support that he was
qualified for promotion to major prior to 8 January 2006.

5.  The Secretary of the Army established the promotion zone for the 2001
AMEDD RCSB for officers with dates of rank for captain from 17 May 1996
through 16 May 1997.  Therefore, the applicant's date of rank for captain
of 25 November 1997 did not place him in the established promotion zone for
consideration by the 2001 AMEDD RCSB and his name was appropriately deleted
from the official results.  The applicant's date of rank for captain also
did not place him in the established promotion zone for the 2002 and 2003
AMEDD RCSBs.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__DKH__  __RGS__  ___PHM_  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.




                                  ____Patrick H. McGann, Jr.____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002411                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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