RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060003784


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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 his date of rank for first
lieutenant be adjusted from 30 December 2005 to 24 January 2005.

2.  The applicant states, in effect, that his previous time-in-grade for
second lieutenant while in the Indiana Army National Guard was not
considered when computing time-in-grade for promotions requirements.

3.  The applicant provides U.S. Army Human Resources Command Orders Number
B-01-600308, dated 12 January 2006; a NGB Form 22 (National Guard Bureau
Report of Separation and Record of Service), dated 30 November 1996; a
memorandum from the U.S. Army Human Resources Command, dated 10 December
2003; and DA Form 1059 (Service School Academic Evaluation Report), dated
24 January 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned in the rank of second lieutenant in the
Indiana Army National Guard (INARNG) on 30 August 1995.  On 30 November
1996, he was honorably separated from the INARNG and transferred to the
United States Army Reserve (USAR).  He had 1 year, 3 months, and 1 day of
net service in the INARNG.

2.  On 17 April 1997, the applicant enlisted in the Regular Army and served
until he was honorably discharged on 12 March 2004.

3.  On 10 December 2003, the applicant was notified by the U.S. Army Human
Resources Command that he was appointed as a Reserve Commissioned Officer
of the Army in the grade of second lieutenant with an adjusted date of
rank.

4.  On 12 March 2004, the applicant executed an Oath of Office as a Reserve
Commissioned Officer in the grade of second lieutenant.

5.  On 24 January 2005, the applicant successfully completed the Military
Intelligence (MI) Officer Basic Course 04-505.

6.  U.S. Army Human Resources Command Orders B-01-600308, dated 12 January
2006, notified the applicant that he was selected for promotion to the
grade of first lieutenant with an effective date and date of rank of 30
December 2005.
7.  The Chief, Special Actions, Office of Promotions, Reserve Components of
the U.S. Human Resources Command provided an advisory opinion in this case.
 The above office opined that the applicant was appointed as a second
lieutenant in the INARNG on 30 August 1995.  They continued that when the
applicant was released, he had a net service of 1 year, 3 months, and 1
day.

8.  The Special Actions office further stated the applicant was transferred
to the U.S. Army Reserves (USAR) on 30 November 1996 and served for 5
months and 15 days, giving him a total time as a second lieutenant of 1
year, 8 months, and 16 days.  He then resigned his commission and enlisted
in the Active Army.

9.  The opinion further stated that the applicant was honorably discharged
from the Active Army on 12 March 2004, at which time he was reappointed in
the USAR.  The applicant was recommended for promotion to the grade of
first lieutenant by an administrative board and was given a date of rank
effective 30 December 2005, the date the board was approved.  The applicant
completed the Officer Basic Course on 24 January 2005.

10.  The Special Actions office recommends approval of the applicant's
request to adjust his date of rank for first lieutenant to 24 January 2005,
the date he completed the Officer Basic Course.

11.  The applicant was provided a copy of the advisory opinion for review
and comment.  The applicant has not provided a written response.

12.  Chapter 2 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) contains
guidance on promotion eligibility and qualification requirements.  The time
in grade requirement for promotion to first lieutenant is a minimum of 2
years and a maximum of 5 years.  Paragraph 2-8 contains guidance on the
military education requirement for promotion.  It states, in pertinent
part, that in order to be promoted to first lieutenant, an officer must
complete the Officer Basic Course.

13.  Paragraph 4-21 of Army Regulation 135-155 states that the effective
date of promotion may not precede the date of the promotion memorandum.  An
officer is promoted after selection if all qualifications are met.  When an
officer does not meet the qualifications for promotion, the effective date
of promotion will not be earlier than the later date all qualifications are
met.  In no case, will the date of rank or the effective date of promotion
be earlier than the date the board is approved, or, if require, the date of
Senate confirmation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his date of rank for the grade of first
lieutenant be adjusted to 24 January 2005.

2.  Evidence shows that when the applicant was reappointed into the USAR on
12 March 2004, he had already served a total of 1 year, 8 months, and 16
days in the grade of second lieutenant.

3.  Evidence shows that the applicant completed the required military
education on 24 January 2005.  At that point, the applicant had served in
the grade of second lieutenant for more than 2 years.  As a result, the
applicant fulfilled the requirements for promotion to the grade of first
lieutenant.

4.  The effective date of promotion cannot be earlier than 30 December
2005, the date the results of the promotion board were approved.

5.  Based on the foregoing, the applicant's records should be corrected to
show he was promoted to the grade of first lieutenant effective 30 December
2005 with a date of rank of 24 January 2005.

BOARD VOTE:

_JLP____   _JEA___  __SWF__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 the grade of second lieutenant effective 30
December 2005 with a date of rank of 24 January 2005.




                                     _ James E. Anderholm_____
                                            CHAIRPERSON

                                    INDEX

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


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