RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060003894


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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 reconsideration of adjustment to his date of
rank for captain from 1 October 1999 to 13 April 1998, based on a change to
the Army Reserve time in grade promotion policy.

2.  The applicant states, in effect, that his date of rank should be
adjusted to a date that reflects a maximum of 7 combined years service as a
first and second lieutenant under the Reserve Officer Personnel Management
Act (ROPMA) Project.

3.  The applicant provides copies of his officer evaluation report (OER)
for the period 13 April 1997 through 12 April 1998, and his a second ARPC
Form 155-R (Promotion Qualification Statement), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records and documents
submitted in the previous consideration of the applicant's case by the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR20050003964 that was administratively closed on 14 November 2005.

2.  The applicant was appointed in the United States Army Reserve (USAR)
as a second lieutenant on 11 May 1991.

3.  The applicant was appointed in the New Jersey Army National Guard
(NJARNG), as a second lieutenant, effective 9 December 1991.  He was
extended Federal recognition and promoted to first lieutenant on 31 May
1994.

4.  In his previous case he submitted an ARPC Form 155-R that verifies he
was assigned to a captain's position effective 13 April 1998 in the NJARNG.


5.  The applicant was considered and selected for promotion to captain by
the 1998 Reserve Components Selection Board (RCSB), which convened on
9 November and recessed on 11 December 1998.  The President approved the
board results on 1 April 1999.

6.  The National Guard Bureau was issued an Eligibility for Promotion as a
Reserve Commissioned Officer Not on Active Duty memorandum, dated 4 May
1999, indicating the applicant's selection for promotion to captain.  The
memorandum stated that the effective date of promotion would be the later
of the

following dates:  a. 30 May 1999 (his promotion eligibility date (PED)), or
b. the date Federal recognition was extended in the higher grade; or c. the
date following the date Federal recognition was terminated in his current
Reserve grade.

7.  The applicant was separated from the NJARNG in the grade of first
lieutenant effective 1 October 1999 and transferred to the USAR Control
Group (Reinforcement).

8.  The Total Army Personnel Command, St. Louis, Missouri, issued a
promotion memorandum, dated 19 December 2000, indicating the applicant's
promotion to captain with a promotion effective and date of rank of 1
October 1999.

9.  The applicant submitted a second ARPC Form 155-R that verifies he
possessed a security clearance, met medical qualifications, passed the Army
Physical Fitness Test (APFT) in October 1997, and was assigned to a
captain's position on 13 April 1998 in the NJARNG.

10.  The applicant's OER for the period 13 April 1997 to 12 April 1998
shows he passed the APFT and met the height and weight standards.  His
records contain an officer evaluation report that verified that he met the
height and weight standards for the period 13 April 1998 through 12 April
1999.

11.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the ABCMR which could adjust DOR’s for those who were first-
time considered and selected for promotion to captain, after having served
more than 7 combined MYIG as a lieutenant.

12.  National Guard Regulation 600-100, chapter 8, states that the
promotion authority for all ARNG officers is the State Adjutant General.
If The Adjutant General chooses not to promote an officer, he or she is not
obligated to do so.

13.  Army Regulation 135-155, prescribed the policies and procedures for
the promotion of Reserve and ARNG officers.  This regulation specifies
that a second lieutenant serve a maximum years of service in grade (MYIG)
of 2 years before promotion to first lieutenant, and a first lieutenant
serve a MYIG of 5 years before promotion to captain.  An officer selected
for the first time for promotion to the next higher grade may be promoted
on or before the date that he/she completes the maximum years of service.


14.  Army Regulation 135-155 also specifies that ARNG officers who transfer
to the USAR non-unit status are promoted effective on the date of transfer
to a non-unit status.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his promotion effective date and date of rank for
captain from 1 October 1999 to 13 April 1998.  He has not shown error,
injustice, or inequity for the relief he now requests.

2.  The applicant's contentions have been noted; however, the applicant was
selected for promotion to captain by the 1998 RCSB with a PED of 30 May
1998. The applicant has submitted documentation that shows he met the
promotion qualifications and was assigned to a captain's position on 13
April 1998.  However, he was not promoted to captain in the NJARNG and his
selection by the RCSB would not automatically lead to his promotion in the
NJARNG.  It can not be presumed that he would have been promoted in the
NJARNG on either of the dates requested.

3.  The applicant was separated from the NJARNG on 1 October 1999 and
promoted to captain upon transfer to the USAR Control Group.  The applicant
opted to continue to serve in the NJARNG as a first lieutenant and did not
request a transfer to the USAR Control Group for promotion to captain
earlier than 1 October 1999.  Therefore, it is concluded that the
applicant’s promotion effective date and date of rank to captain was
correctly established as 1 October 1999, the date his Federal Recognition
was terminated in the NJARNG.

4.  It is also noted that while the applicant was selected for the first
time for promotion to captain, he was never promoted to captain in the
NJARNG.  His promotion to captain was a result of his transfer to a non-
unit status; therefore, he is not eligible for relief in accordance with
the provisions of the ROPMA Project.

5.  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

___D____  __LWR__  __RTD__  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.




                                  __    Richard T. Dunbar__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003894                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]