RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       7 December 2006
      DOCKET NUMBER:  AR20060005544


      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, in effect, adjustment to his promotion
effective date and date of rank for lieutenant colonel (LTC) from 21
February 2006 to 12 January 2006.

2.  The applicant states, in effect, that his promotion to LTC should be
adjusted based on the time in grade (TIG) requirement.  By law, all Reserve
Component officers, mobilized or non-mobilized, whose promotions are not
voluntarily delayed, involuntarily delayed, or declined, must be promoted
on the date on which they complete the maximum time in grade (MTIG).  Five
years TIG is the requirement for first lieutenants and 7 years MTIG is the
requirement for captains and majors.  Mobilized officers promoted upon
reaching their MTIG will be transferred immediately to the Individual Ready
Reserve (IRR) upon demobilization.

3.  The applicant provides copies of his Federal Recognition and promotion
orders and his promotion memorandum for LTC in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
Missouri Army National Guard (MOARNG), as a captain, effective 14 December
1994, with prior commissioned service.  He was promoted to major effective
13 January 1999.

2.  On 30 January 2004, the Director, ARNG, National Guard Bureau (NGB),
established promotion policy for mobilized ARNG officers for promotion to
the grade of captain through colonel.  This policy applied to all ARNG
officers who had been selected for promotion by a mandatory promotion
board.  These officers may be promoted immediately when appointed in the
State against a position of the higher grade the officer will occupy upon
demobilization.  This memorandum did not preclude mobilized officers from
voluntarily delaying or declining promotion under the provisions of Army
Regulation 135-155.  When a mobilized officer is promoted against a
position in the state, the officer must be assigned to the position
immediately following demobilization and released from active duty.  If,
within 180 days following demobilization, an officer declined or was
unwilling or unable to occupy the position against which the officer was
promoted, or was unable to occupy any other position of the higher grade
for which he/she was qualified, then the officer shall be transferred
immediately to the IRR.  Mobilized officers who reach MTIG and have neither
delayed nor declined their promotion would be promoted whether or not
assigned against a position of the higher grade.
3.  The applicant was ordered to active duty for the period 2 July 2005
through 5 October 2006.

4.  Based on the required completion of 7 years MTIG, his promotion
eligibility date for LTC was 12 January 2006.

5.  The NGB was issued an Eligibility for Promotion as a Reserve
Commissioned Officer Not on Active Duty memorandum, dated 12 January 2006,
indicating the applicant's selection for promotion to LTC by the 2005
Reserve Components Selection Board (RCSB) that adjourned on 30 September
2005.  The memorandum advised that the effective date of the promotion
would be either of the following dates:  12 January 2006, or the date
Federal Recognition was extended in the higher grade; or the date following
the date Federal Recognition was terminated in the current Reserve grade.

6.  The NGB issued special orders number 49 AR, dated 21 February 2006,
extending the applicant Federal Recognition and promoting him to LTC
effective 21 February 2006.

7.  The applicant was released from active duty effective 5 October 2006
and transferred to a MOARNG unit.

8.  In an advisory opinion, dated 26 October 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, reiterates the
applicant's request and statement.  The Chief stated that on 12 January
2006, Human Resources Command, St. Louis, Missouri, sent a memorandum to
the NGB for the applicant's promotion to LTC with an effective date of 12
January 2006.  The MOARNG published order number 038-213, promoting the
applicant to LTC effective 7 February 2006, with additional instructions
that stated that the officer was promoted under the provisions of NGB-ARH
memorandum, Subject:  Promotion of Mobilized ARNG Officers who are Selected
for Promotion by a Department of the Army Mandatory Promotion Board.  The
promotion packet was received at the NGB on 10 February 2006 for
processing.  Federal recognition special order number 49 AR was issued for
promotion to LTC effective 21 February 2006.

9.  The Personnel Division official also stated that the applicant was
promoted to major effective 13 January 1999.  In accordance with the
Reserve Officer Personnel Management Act (ROPMA), the minimum TIG for
promotion to LTC is 4 years and the MTIG is 7 years.  ROPMA states that
officers selected for promotion by a mandatory board but who cannot be
promoted due to controlled grade will be involuntarily delayed until
promoted, separated from the Active Guard Reserve Program for any reason,
including transfer to the USAR, IRR.  The NGB, Personnel Division
recommended approval on adjusting the applicant's date of rank to 12
January 2006.

10.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 31 October 2006.  He did not respond.

11.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve and ARNG officers.  This regulation and ROPMA
specifies that completion of 7 years MTIG as a major is required before
promotion to LTC.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for LTC to
12 January 2006, with entitlement to back pay and allowances.

2.  The applicant was selected for promotion to LTC by the 2005 RCSB with a
promotion eligibility date of 12 January 2006.  He was mobilized on active
duty effective 2 July 2005.  In January 2004, the Director, ARNG, NGB,
established promotion policy for mobilized ARNG officers that allowed for
officers who reached their MTIG and had neither delayed nor declined their
promotion, would be promoted whether or not assigned against a position of
the higher grade.  Therefore, the applicant was eligible for promotion to
LTC with a date of rank of 12 January 2006, his MTIG date, under this
policy.  The applicant was also eligible for promotion to LTC on his PED
based on his placement on active duty for the purpose of mobilization,
under this policy.

3.  In view of the foregoing, the applicant’s MOARNG and Department of the
Army records should be corrected as recommended below.

BOARD VOTE:

___D____  _LWR___  _RTD___  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
State of Missouri and Department of the Army records of the individual
concerned be corrected by showing he was promoted to lieutenant colonel
with a promotion effective date and date of rank of 12 January 2006, with
entitlement to back pay and allowances.




                                  _____Richard T. Dunbar______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005544                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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