RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 September 2006
      DOCKET NUMBER:  AR20060002685


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard 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 her effective date of promotion
to first lieutenant (1LT) be adjusted to 30 July 2004.

2.  The applicant believes that the discrepancy of the effective date was a
mere oversight when the orders were processed for her promotion to 1LT.
She states this error directly affected her pay status with the Defense
Finance and Accounting Service (DFAS).  She states that a correction of the
effective date must be provided to DFAS in order for her to receive the
proper back-pay entitled to her as a 1LT.  She also states that she had
surpassed her minimum time in grade as a second lieutenant (2LT) in April
2004 and she was eligible for pay as a 1LT in accordance with her official
date of rank (DOR) of 30 July 2004.

3.  The applicant provides a copy of Department of the Army, U.S. Army
Human Resources Command, Orders Number 8-04-501018, dated 26 April 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Active Guard Reserve in the
rank
of 1LT.

2.  After having had prior enlisted service in the U.S. Army Reserve, the
applicant was appointed as a Reserve commissioned officer on 25 October
2002 in the rank of 2LT.  She was awarded 6 months and 20 days of
constructive credit and her DOR to 2LT was determined to be 5 April 2002.

3.  She completed the Army Medical Department (AMEDD) Officer Basic Course
(Reserve Component) on 30 July 2004.

4.  Department of the Army, U.S. Army Human Resources Command, Orders
Number 8-04-501018, dated 26 April 2005, promoted the applicant to 1LT with
an effective date of 13 April 2005 and a DOR of 30 July 2004.

5.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Special Actions Branch, Office of Promotions, Reserve
Components,
U.S. Army Human Resources Command in St. Louis, Missouri.  This office
recommended denial of the applicant’s request for an adjustment of the
effective date of her promotion to 1LT to 30 July 2004.  The applicant’s
DOR was adjusted to 5 April 2002 based on the constructive credit.  The
opinion states that promotion to 1LT requires 2 years time in grade;
therefore, the applicant’s promotion eligibility date was 4 April 2004.
The applicant was considered by a 2005 Administrative Selection Board
convened on 31 March 2005.  The promotion board results were approved and
released on 13 April 2005.  This was the earliest board under which the
applicant was eligible for consideration.  The applicant was issued a
promotion order on 26 April 2005 with an effective date of 13 April 2005
(the approval date of the promotion board) and a DOR of 30 July 2004 (the
completion date of meeting the required military education).  In
conclusion, this office states the applicant cannot receive an effective
date that is prior to the approval date of the promotion board.

6.  A copy of the advisory opinion was forwarded to the applicant for
possible rebuttal.  However, she did not respond within the allotted
timeframe.

7.  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.  Chapter 2 states that an
officer in the grade 2LT or a U.S. Army Reserve (USAR) warrant officer in
the grade of Warrant Officer One (WO1) will be considered for promotion
without review by a selection board. The officer’s records will be screened
to determine eligibility for promotion to the next higher grade far enough
in advance to permit promotion on the date promotion service is completed.
In order to be qualified for promotion to 1LT, an individual must have
completed 2 years time in grade as a 2LT and have completed a resident
officer basic course.

8.  Paragraph 4-16 of Army Regulation 135-155 states that a qualified 2LT
will not be promoted before the date of completion of 2 years of promotion
service.

9.  Paragraph 4-17 of Army Regulation 135-155 states the promotion
eligibility date is the date a warrant officer or 2LT meets the eligibility
criteria for promotion to the next higher grade.  The regulation states
that 2LTs must meet the time in grade requirements and promotion
eligibility requirements, to include completion of the officer basic
course.

10.  Paragraph 4-15a of Army Regulation 135-155 states the effective date
of promotion for commissioned officers may not precede the date on which
the promotion memorandum is issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the
rank of 2LT on 25 October 2002.  At that time, she was awarded 6 months and
20 days of constructive credit.  Based on her constructive credit, her DOR
was adjusted to 5 April 2002 and she was given a promotion eligibility date
of 4 April 2004.

2.  The applicant did not complete the AMEDD Officer Basic Course (Reserve
Component), a requirement for promotion to 1LT, until 30 July 2004.

3.  The applicant was selected for promotion to 1LT by the 2005
Administrative Selection Board, the first administrative selection board to
convene after she met all promotion requirements, and the board was
approved on 13 April 2005.

4.  Based on Army Regulation 135-155, the applicant was therefore
appropriately promoted to 1LT with an effective date of 13 April 2005 (the
approval date of the board) and a DOR of 30 July 2004 (the completion date
of the required military education).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

EA______  RL______  RM______  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 Andersen_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002685                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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