RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060004452


      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             |
|     |Mr. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Mr. Karmin S. Jenkins             |     |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 transfer to the Retired Reserve be
voided and he be reinstated to an active status with his United States Army
Reserve (USAR) unit.

2.  The applicant states that when he was transferred from the Army
National Guard (ARNG) to the USAR, his military records were not forwarded
to the lieutenant colonel (LTC) promotion board until the 3rd board review.
 After the second board review, he was processed for involuntary transfer
to the Retired Reserve.  However, all of his military records were provided
to the 3rd promotion board which selected him for promotion.

3.  The applicant provides excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a major, was transferred from an ARNG unit to a USAR
unit on 4 May 2003.

2.  On 19 February 2004, the applicant was notified that he had been
considered but not selected for promotion to LTC.

3.  On 30 March 2005, the applicant was notified that he had been
considered, but not selected, for promotion to LTC by a special selection
board under 2003 criteria.  However, he was eligible for consideration for
promotion under 2004 criteria.

4.  On 7 October 2005, the applicant was notified that he had been
considered, but not selected, for promotion to LTC by a special selection
board under 2004 criteria.

5.  On 29 September 2005, the applicant was involuntarily transferred from
his USAR unit to the Retired Reserve due to his non-selection for promotion
to LTC.

6.  On 12 January 2006, the applicant was notified that he had been
selected for promotion to LTC by a Department of the Army Reserve
Components selection board that convened on 13 September 2005.  In that
notification, the applicant was informed that in order to be promoted, he
had to remain in an active status.


7.  Special selection boards, convened under the Reserve Officer Personnel
Management Act (ROPMA) on and after 1 October 1996, will reconsider
commissioned officers (other than commissioned warrant officers) who were
wrongly not considered and reconsider commissioned officers (other than
commissioned warrant officers) who were considered but not selected by
mandatory promotion boards that convened on or after 1 October 1996.

8.  Army Regulation 135-175 sets forth the basic authority for the
separation of Reserve Component officer personnel.  Chapter 4 of that
regulation describes, in pertinent part, the conditions under which Army
Reserve officers may be discharged from their status as Reserves of the
Army.  Paragraph 4-4a provides, in pertinent part, that members of the Army
Reserve will be removed from an active status and discharged or transferred
to the Retired Reserve (if eligible), within 90 days after the board
reports its findings, for nonselection for promotion after the second
consideration by a Department of the Army Reserve Components selection
board if the officer is in the grade of first lieutenant, captain or major
(Title 10, US Code, 3846).

9.  In the processing of this case an advisory opinion was obtained from
the U.S. Army Human Resources Command (HRC) –St. Louis.  The HRC stated
that the applicant was considered for promotion to LTC by the 2003 and 2004
Department of the Army Reserve Components Selection Boards but was not
selected for promotion because his records did not include his officer
evaluation reports or his civilian education.  Based on the missing
documents, the applicant was considered, but not selected, for promotion to
LTC by Department of the Army Special Selection Boards under the criteria
for both years.  While the applicant was selected for promotion to LTC by
the 2005 Selection Board, he was transferred to the Retired Reserve before
the board’s approval.  The governing Army regulation specifies that an
officer’s name is to be removed from a promotion list when the officer is
removed from an active status before promotion action was finalized.  As
such, the applicant’s name was properly removed from the promotion list.
The HRC recommended disapproval of the applicant’s request.  The applicant
was provided a copy of this advisory opinion and given the opportunity to
respond.  The applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is correct in his statement that the 2003 and 2004 LTC
Department of the Army Reserve Components Selection Boards did not review
all of his military records.

2.  However, contrary to the applicant’s contention, the Special Selection
Boards did review the applicant’s complete military records when they
considered, but didn’t select, the applicant for promotion under both 2003
and 2004 criteria.  .

3.  Since both regulation and law require a major to be discharged (or
transferred to the Retired Reserve if eligible) within 90 days after the
board reports its finding of nonselection for promotion after the second
consideration, the fact that the applicant was later selected for promotion
has no bearing on the case.

4.  There is no error or injustice in this case.  The applicant was given
promotion reconsideration and was not selected, which required him to be
removed from an active status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ji  ___  ____ksj__  ____gjp__  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.





                                  __________John Infante____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004452                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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