RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 November 2006
      DOCKET NUMBER:  AR20060003420


      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. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 his date of rank (DOR) to major (MAJ) be
backdated two years and that his DOR to lieutenant colonel (LTC) be
backdated four years.

2.  The applicant states he served on active duty from January 1985 until
June 1994.  He was promoted to captain (CPT) on 6 May 1989 and has
continuously served in the Army Reserve since July 1994.  He was promoted
to MAJ in the Reserve on 13 May 1998, which was nine years after his
promotion to CPT.  He states that his promotion was late because his
records were lost in Human Resources Command - St. Louis.  His promotion to
LTC was on 9 February 2006, which is almost eight years after his promotion
to CPT.  He states that his records were misplaced and were late going
before promotion boards.  He further states that his service has been
exemplary and he has good Officer Evaluation Reports, many commendations,
and combat service in both the Gulf War and the Global War on Terrorism
(Iraq and Afghanistan).

3.  The applicant provides his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 17 February 2004; his
promotion letter to MAJ; and his promotion orders to LTC and CPT in support
of his application.

4.  On 19 October 2006, the applicant provided a copy of his transcript
from the University of Michigan.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in support of Operation Enduring Freedom.  He
is currently serving in the U. S. Army Reserve in the rank of LTC.

2.  The applicant was awarded a Bachelor of Arts Degree in Psychology from
the University of Michigan on 28 April 1984.

3.  After having had prior enlisted service in the U.S. Army Reserve, the
applicant was appointed as a Reserve commissioned officer in the rank of
second lieutenant on 4 September 1984.  He was ordered to active duty on 29
January 1985.  He was promoted to first lieutenant on an unknown date.

4.  He was promoted to CPT with an effective date and DOR of 1 June 1989.
He was released from active duty on 17 June 1994.

5.  Headquarters, U.S. Army Reserve Command, Fort McPherson, Georgia Orders
Number 98-028-015, dated 28 January 1998, reassigned the applicant to the
U.S. Army Reserve Control Group (Reinforcement) on 28 January 1998, to
accept promotion.

6.  Department of the Army, U.S. Army Reserve Personnel Command, St. Louis,
Missouri Orders C-03-810343, dated 30 March 1998, released the applicant
from the U.S. Army Reserve Control Group (Reinforcement) and reassigned him
to a position in the U.S. Army Europe Joint Analysis Center in the rank of
MAJ on
30 March 1998 as an Individual Mobilization Augmentee (IMA).

7.  He was promoted to MAJ with an effective date of 13 May 1998.

8.  The applicant was ordered to active duty on 22 January 2003 in support
of Operation Enduring Freedom.  He served in Iraq, Thailand, and
Afghanistan.  He was released from active duty on 17 February 2004 and
transferred to the U.S. Army Reserve Control Group (IMA).

9.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Special Actions Branch, Office of Promotions, Reserve
Components, Human Resources Command, St. Louis, Missouri.  The opinion
stated the applicant’s promotion eligibility date (PED) to MAJ was 31 May
1996 based on the seven years time in grade requirement.  The opinion
stated the applicant was in the zone for promotion consideration by the
1995 and 1996 Department of Army (DA) Reserve Components Selection Boards;
however, his file was inadvertently omitted from the boards.  The opinion
also stated that if the applicant provided verification of completion of a
baccalaureate degree that was completed prior to 1995, he would have a
basis for DA Promotion Advisory Board consideration under the 1995 and 1996
criteria.  The opinion stated that if the applicant is selected for
promotion by an advisory board, he may be eligible for a DOR to MAJ earlier
than 13 May 1998, the date he received based on selection by the 1997 DA
Reserve Components Selection Board.  The applicant was assigned to a troop
program unit (TPU) and was promoted upon his transfer to the Reinforcement
control group on 28 January 1998, to accept the promotion.  The opinion
stated the applicant’s eligibility for an earlier DOR would be based on
whether he was in a higher graded position prior to his transfer to the
control group.

10.  The opinion also stated the applicant was selected for promotion to
LTC by the 2005 LTC Selection Board and promoted with a DOR of 2 February
2006, the date of his assignment to the higher graded position.  The
applicant was also selected for promotion by a DA Special Selection Board
as an omission under the 2004 criteria with a PED of 12 May 2005.  The PED
of 12 May 2005 is based on seven years time in grade from his DOR to MAJ
[13 May 1998] under the 1997 criteria.  The opinion stated that the
applicant’s eligibility for special board consideration to LTC [with an
earlier DOR than 2 February 2006] under the 2002 and 2003 criteria will be
based on whether he is selected and promoted to MAJ with an earlier DOR
than 13 May 1998.

11.  A copy of the opinion was forwarded to the applicant for comment and
possible rebuttal; however, he did not respond within the allotted
timeframe.

12.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that promotion
advisory boards/special selection boards will be convened on an “as needed”
basis to reconsider officers who were either improperly omitted from
consideration due to administrative error, or who were non-selected for
mandatory promotion as a result of material error.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the
rank of second lieutenant on 4 September 1984 and was awarded a Bachelor of
Arts Degree prior to the date of his commission.  He was promoted to CPT on
1 June 1989.

2.  The advisory opinion states the applicant’s file was omitted from the
1995 and 1996 DA Reserve Components Selection Boards for promotion to MAJ.
Therefore, it would be equitable to submit the applicant’s records to a
duly constituted Special Selection Board for reconsideration for promotion
to MAJ under the 1995 and 1996 criteria.

3.  If the applicant is selected for promotion to MAJ, his records should
be further corrected by promoting him to MAJ and assigning the appropriate
DOR and by submitting his records to a duly constituted Special Selection
Board for reconsideration for promotion to LTC under the 2002 and 2003
criteria.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

TP______  PF______  LD______  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 submitting his records to a duly constituted
promotion advisory board for promotion consideration for MAJ under the 1995
and 1996 criteria.

2.  That if selected, his records be further corrected by showing he was
promoted to MAJ on his date of eligibility, as determined by appropriate
Departmental officials, using the 1995 or 1996 criteria, as appropriate,
provided he was otherwise qualified and met all other prerequisites for
promotion.

3.  That if selected and promoted to MAJ under either the 1995 criteria or
the 1996 criteria, is records be further submitted to duly constituted
Special Selection Boards for promotion consideration to LTC under the 2002
or 2003, as appropriate, criteria.

4.  That if he is not selected for promotion, he be notified accordingly.

5.  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
backdating the applicant’s DOR to MAJ two years and his DOR to LTC four
years.




                                  Thomas Pagan__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003420                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061121                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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