RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR20060003298


      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. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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, adjustment to her date of rank for
first lieutenant.

2.  The applicant states, in effect, her date rank should be changed to
reflect the date on her promotion letter.  She also states that the
regulation for promotion changed while she was awaiting orders for the
officer basic course (OBC).  She attended the OBC in December, which was
the first class that she could take (first class that she was offered).
Her promotion letter states that her promotion date was 13 April 2005[sic].
 She was advised by an officer at the OBC that she had to request a change
to her date of rank.

3.  The applicant provides a copy of her promotion memorandum for first
lieutenant in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was appointed in the
United States Army Reserve, Army Nurse Corps, as a second lieutenant
effective 10 June 2004, with 1 year, 1 month, and 11 days constructive
service credit (CSC).  Based on the awarded CSC her date of rank for second
lieutenant was adjusted to 29 April 2003.

2.  A Notification of Promotion Status memorandum, dated 13 April 2005, was
issued to the applicant advising her of her selection for promotion to
first lieutenant by an Administrative Promotion Board that convened on 31
March 2005.  The memorandum also advised her that her PED was 28 April
2005.  The memorandum further advised that she received an exception to the
military education requirement for promotion consideration purposes.  The
military education requirement must be completed no later than 42 months
from the date she accepted her appointment as a Reserve commissioned
officer.  Her promotion cannot be finalized until the military education
requirement had been met.

3.  Based on the required 2 years minimum time in grade, her promotion
eligibility date (PED) for first lieutenant was 28 April 2005.

4.  The Human Resources Command, St. Louis, Missouri, verified that she
completed the Army Medical Department (AMEDD) OBC effective 16 December
2005.

5.  She was promoted to first lieutenant effective 16 December 2005.

6.  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 with
review by an Administrative Promotion Board.  Promotion to first lieutenant
requires completion of 2 years time in grade and completion of a branch
OBC.  The officer's records will be screened to determine eligibility for
promotion to first lieutenant far enough in advance to permit promotion on
the date promotion service is completed.  The promotion authorities will
ensure all requirements are met before announcing a promotion.  Paragraph 4-
8 of this regulation specifies that the promotion will not be earlier than
the date the officer is determined qualified for promotion.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to her date of rank for first lieutenant.  She has
not shown error, injustice, or inequity for the relief she now requests.

2.  The applicant was appointed on 10 June 2004 and based on the award of
1 year, 1 month, and 11 days CSC, her date of rank for second lieutenant
was adjusted to 29 April 2003.  She was required to complete a branch OBC
for promotion to first lieutenant and meet all promotion qualifications;
therefore, she was not eligible for promotion to first lieutenant on her
PED of 28 April 2005, but on the date she completed her branch OBC on 16
December 2005.

3.  While the applicant received an exception to the military education
requirement, this was for promotion consideration purposes only.  She was
required to complete the military education requirement no later than 42
months from the date she accepted her appointment as a Reserve commissioned
officer and her promotion could not be finalized until the military
education requirement had been met.  Therefore, it is concluded that the
applicant could not be promoted on her PED because all promotion
qualifications were not met.  She completed her branch OBC on 16 December
2005, therefore, 16 December 2005, was the earliest date of rank she was
eligible for.

4.  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

___A____  __JAM__  ___BPI__  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.




                                  _____James E. Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003298                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061031                                |
|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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