RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      11 January 2007
      DOCKET NUMBER:  AR20060004956


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 his date of rank for
captain from 17 December 2003 to 26 April 2003, the date he completed his
physical examination.

2.  The applicant states, in effect, that he believes his service records
should be corrected and reflect his date of rank to captain as 26 April
2003.  He also states that he was selected for promotion to captain in
November 2001 pending submission of required documents.  A periodic (5-
year) physical was completed on 26 April 2003, which was the last document
needed in order to complete his promotion packet.  At the time the physical
was completed, an Army Physical Fitness Test (APFT) from his Chemical
Officer Advanced Course (Chemical OAC) was still valid.  A record APFT was
taken and passed, to include compliance with Army height/weight standards,
on 10 June 2002.  While deployed to Southwest Asia, he took and passed a
record APFT, to include compliance with Army height/weight standards on 17
December 2003, which is what his date of rank is based upon.

3.  The applicant provides copies of his ARPC Form 155-R (Promotion
Qualification Statement), his promotion memorandum for captain, his Report
of Medical History, his Report of Medical Examination, his 2002 and 2003
APFT Test Scorecard, his Body Fat Content Worksheet, his Service School
Academic Evaluation Report, his Chemical OAC certificate, and his Toxic
Agent Training certificate, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army Reserve (USAR), as a second lieutenant, effective 18 January
1995.  He was promoted to first lieutenant effective 17 August 1997.

2.  He was considered and selected for promotion to captain by the 2001
Reserve Components Selection Board (RCSB) that convened on 13 November and
recessed on 14 December 2001.  The President approved the board results on
1 March 2002.

3.  He was issued a promotion memorandum, dated 6 October 2004, indicating
his promotion to captain with a promotion effective date and date of rank
of 17 December 2003.

4.  The applicant submits a promotion qualification statement, dated 29
July 2004, which verifies he was assigned to a captain's position effective
17 December 2003.  The form also verified that he passed a physical
examination in March 2003, had passed the APFT on 17 December 2003, and
possessed a valid security clearance as of 5 May 2005[sic].

5.  In an advisory opinion, dated 13 June 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, Human Resources Command,
St. Louis, Missouri, stated that an officer assigned to a unit must be
fully qualified to be promoted and his date of rank is established as the
date he met all requirements.  These requirements include, a valid physical
examination, a valid security clearance, meeting height and weight
standards, passing the APFT in the last year, and assignment to the higher
graded position.  Although the applicant met most of these requirements in
April 2003, he was not assigned to the higher grade position until 17
December 2003.  Based on the foregoing, it was recommended his application
be denied.

6.  The advisory opinion was forwarded to the applicant for acknowledgement
and rebuttal on 5 October 2006.  He did not respond.

7.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that completion
of 5 years time is grade is required before promotion to captain.
Individual Ready Reserve and Individual Mobilization Augmentee officers
selected by a mandatory promotion board must have completed the maximum
time in grade.  Troop program unit and Active Guard Reserve officers
selected by a promotion board will have a promotion effective date no
earlier than the approval date of the board, provided that they are
assigned to a position in the next higher grade.  When the board approval
date is prior to assignment to the position in a higher grade, the
effective date of promotion will be the date of assignment to a higher-
grade position.

8.  Army Regulation 135-155 also specifies that an officer recommended for
promotion will not be promoted prior to meeting the promotion eligibility
criteria, i.e., passing the APFT and possess a current date for meeting the
Army Body Composition Program (Army Regulation 600-9).  Promotion
authorities will ensure that the officer possesses a current physical
examination, a favorable security screening, and possess current APFT and
meets the standards of the Army Body Composition Program before announcing
a promotion.  An officer is


promoted after selection if all qualifications for promotion are met.  When
an officer does not meet the qualifications for promotion, the promotion
effective
date and date of rank will not be earlier than the later date all
qualifications are met.  In no case, will the promotion effective date and
date of rank be earlier that the date the board is approved.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his date of rank for captain.  He has not shown
error, injustice, or inequity for the relief he now requests.

2.  The applicant contends that his date of rank should be changed to
26 April 2003, the date he completed his physical examination.  The
applicant was considered and selected for promotion to captain by the 2001
RCSB.  However, because he was not assigned to a captain's position until
17 December 2003, he was not eligible for an earlier promotion effective
date and date of rank for captain based on the fact he completed his
physical examination on 26 April 2003.  The applicant has not
satisfactorily shown that he was assigned to a higher graded position prior
to 17 December 2003.

3.  It is concluded that the applicant was subsequently assigned to a
captain's position effective 17 December 2003 and met all requirements for
promotion on that date; therefore, his promotion effective date and date of
rank for captain are correct.

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

__BPI___  ___RDG_  __EM____  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.




                                  _____Bernard P. Ingold____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004956                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|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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