RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060002973


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 date of rank for
first lieutenant from 30 December 2005 to 23 June 2004.

2.  The applicant states, in effect, that he was initially appointed as a
first lieutenant.  He took the oath of office as a first lieutenant on 24
June 2002 and then it was corrected to second lieutenant.  The correction
was back-dated to the same date as the initial oath.  This initial oath has
caused problems in his promotion because he continually was labeled as a
first lieutenant without a promotion order.

3.  The applicant provides copies of his DA Forms 71 (Oath of Office) for
first and second lieutenant, Correction of Grade upon Appointment
memorandum, his Notification of Promotion Status memorandum, and his first
lieutenant promotion orders, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve (USAR) as a first lieutenant, effective 24 June
2002.

2.  He was issued a Correction of Grade upon Appointment memorandum, dated
21 November 2002, that stated in accordance with Army Regulation 135-100,
paragraph 1-9, "Applicants for direct appointment would not be appointed
above the grade of second lieutenant."  His original appointment memorandum
and DA Form 71 were incorrectly published with the rank of first
lieutenant.  He was provided a corrected appointment memorandum and DA Form
71.  His date of rank would remain 24 June 2002, the date he originally
signed his Oath of Office – Military Personnel.

3.  His DA From 71 was corrected to show he was appointed in the USAR, as a
second lieutenant, effective 24 June 2002.

4.  Based on the required 2 years minimum time in grade, his promotion
eligibility date (PED) for first lieutenant was 23 June 2004.

5.  He completed his branch Officer Basic Course (OBC) on 2 September 2004.

6.  He was selected for promotion to first lieutenant by the September 2005
Administrative Promotion Board, with a date of rank of 30 December 2005,
the date the board was approved.
7.  In an advisory opinion, dated 26 April 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, Human Resources Command
(HRC), St. Louis, Missouri, stated that the applicant was selected for
promotion to first lieutenant with a PED of 23 June 2004, by the September
2005 Administrative Promotion Board.  He was promoted with a date of rank
of 30 December 2005, the date the board was approved.  The applicant did
not meet all promotion requirements on his PED.  It was recommended that
his date of rank be corrected to 2 September 2004, the date he completed
the OBC.  In view of the facts presented, it was recommended that the
applicant's request for a date of rank of 23 June 2004 be denied.

8.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 21 July 2006 and he concurred on 11 September 2006.

9.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that an officer
in the grade of second lieutenant will be considered for promotion by an
Administrative Promotion Board.  Promotion to first lieutenant requires
completion of 2 years time in grade and completion of a branch OBC.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for first
lieutenant to 2 September 2004, the date he completed his branch OBC, with
entitlement to back pay and allowances.

2.  The evidence of record shows that the applicant was erroneously
appointed in the grade of first lieutenant.  His records were corrected to
show he was appointed in the grade of second lieutenant.  His date of rank
remained 24 June 2002 which gave him a PED for first lieutenant of 23 June
2004.  He was selected for promotion to first lieutenant with an effective
date and date of rank of 30 December 2005.

3.  Based on the completion of an OBC on 2 September 2004, he met all the
requirements for promotion to first lieutenant on that date.  Therefore,
the applicant's promotion effective date and date of rank for first
lieutenant were delayed, and he should not be penalized for these actions.

4.  It is concluded that based on a matter of equity and on the support for
favorable consideration expressed by the HRC, Office of Promotions, Reserve
Components, the applicant's promotion to first lieutenant should be
corrected to 2 September 2004.

5.   In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS___  _AM____  _PMS___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he was promoted to first lieutenant with
a promotion effective date and date of rank of 2 September 2004, with
entitlement to back pay and allowances based on this adjustment.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adjustment to his date of rank for first lieutenant to 23 June 2004.




                                  _____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002973                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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