RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006293


      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 adjustment to his date of rank for major from  24
March 2006 to 30 June 2005, with entitlement to back pay and allowances.

2.  The applicant states that there was an administrative error in his
promotion packet that caused a delay in his promotion.  He was deployed in
Iraq when he received notification that he was promotable to major.

3.  The applicant provides copies of his captain promotion memorandum, his
memorandum requesting consideration by a special selection board (SSB), his
active duty orders, his eligibility for promotion memorandum, and his
Federal recognition and major promotion orders, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was appointed in the United States
Army Reserve (USAR) as a second lieutenant, effective 6 July 1990, with
prior enlisted service.

2.  He was appointed in the Colorado Army National Guard (COARNG), as a
first lieutenant, effective 2 January 1996.  He was separated from the
COARNG effective 17 October 1997 and transferred to the USAR.

3.  On 23 February 1998, Federal recognition was withdrawn by Special
Orders Number 33 AR, Departments of the Army and Air Force, National Guard
Bureau. The effective date of withdrawal of his Federal recognition was 17
October 1997.

4.  He was promoted to captain effective 14 January 1999, with a corrected
date of rank of 1 July 1998.

5.  He was appointed in the COARNG, as a captain, effective 15 March 1999.

6.  On 30 August 1999, the applicant was extended Federal recognition, in
the rank of captain, by Special Orders Number 161 AR, Departments of the
Army and Air Force, National Guard Bureau.  The effective date of his
Federal recognition was 15 March 1999.

7.  On 13 September 2002, the applicant was ordered to active duty in
support of Operation Iraqi Freedom.

8.  The 2004 Major Reserve Components Selection Board (RCSB) convened on
2 March and recessed on 19 March 2004.  The board results were approved on
2 June 2004.

9.  Based on the required completion of 7 years maximum time in grade
(MTIG), the applicant's promotion eligibility date (PED) for major was 30
June 2005.

10.  On 29 July 2004, the applicant requested promotion consideration to
major by a SSB because the National Guard Bureau (NGB) reported to his
State's Officer Branch that he had been deleted from consideration by the
2004 RCSB.  He stated in his request that because of an administrative
error no action was taken by his State to investigate or correct this
problem.  He learned that the promotion order correcting his effective date
for captain to 1 July 1998 was never posted to his records.

11.  He was released from active duty on 16 January 2005 and transferred to
a Reserve unit.

12.  The NGB issued an Eligibility memorandum for Promotion as a Reserve
Commissioned Officer Not on Active Duty, dated 15 August 2005.  The
memorandum stated that the applicant had been selected for promotion to
major by a SSB under the 2004 year criteria.  The effective date of
promotion would be either of the following dates:  a. 30 June 2005, b.
the date Federal recognition was extended in the higher grade, or c. the
date following the date Federal recognition was terminated in the current
Reserve grade.  The memorandum also stated that the presidential approval
date of the 2004 year criteria was 2 June 2004 and this was the earliest
promotion effective date to which he was entitled.

13.  The COARNG issued Orders Number 066-012, dated 7 March 2006, promoting
the applicant to major with a promotion effective date and date of rank of
7 March 2006.

14.  On 24 March 2006, the applicant was extended Federal recognition, in
the rank of major, by Special Orders Number 80 AR, published by the
Departments of the Army and Air Force, National Guard Bureau.  The
effective date of his Federal recognition was 24 March 2006.  His time in
grade for promotion to the next higher grade was to be computed from the
PED which was established as 30 June 2005.

15.  In an advisory opinion, dated 20 November 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, reiterates the
applicant's request and statements.

16.  A NGB Personnel Division official stated that the applicant was
selected for promotion to captain effective 1 July 1998, while assigned to
the USAR.  On 15 March 1999, he was transferred from the USAR to the
Colorado Army National Guard.  He completed the Infantry Captains Career
Course on 23 June 2000 and entered the Active Guard Reserve (AGR) program
on 13 September 2002 for a period of 3 years.  He was transferred from the
Headquarters Special Forces Battalion to the 892nd Troop Command and
assigned as the S-1 (Major) on 1 May 2004.  On 8 July 2004, he was assigned
as the Security Officer (Major) at the Headquarters Element Joint Forces.

17.  The NGB official also stated that on 29 July 2004, the applicant sent
a memorandum to the Human Resources Command (HRC), St. Louis, requesting
that his record be reviewed by a SSB for promotion to major.  The applicant
stated that the NGB reported to the Military Personnel Office that his
record was deleted from promotion consideration on 25 February 2004.  The
NGB was looking at the incorrect memorandum from HRC, St. Louis promoting
him on 12 January 1999, instead of reading the "corrected copy" reflecting
promotion effective date 1 July 1998, for promotion to captain.  On 23
August 2004, the COARNG issued Orders Number 236-004, for the officer to
remain in the AGR program until 4 February 2007.

18.  The NGB official further stated that the HRC sent a memorandum, dated
15 August 2004, reference eligibility for promotion as a Reserve
commissioned officer with a PED as 30 June 2005.  The applicant was
selected by a SSB under the 2004 year promotion criteria, in accordance
with Army Regulation 135-155, paragraph 3-19.  On 14 January 2006, the
applicant was transferred to the 89th Troop Command as the S-1 (Major).
The COARNG issued Orders Number 066-012, dated 7 March 2006, promoting the
applicant to major effective 7 March 2006.  Federal recognition Special
Orders Number 80 AR was published with a promotion effective date as 24
March 2006 and PED as 30 June 2005.  The NGB, Personnel Division official
recommended the applicant's date of rank be adjusted to 30 June 2005, due
to the applicant was selected by a SSB under the 2004 year criteria and was
serving as a major at the time he was selected for promotion.

19.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 27 November 2006 and he concurred on 18
December 2006.

20.  Army Regulation 135-155, prescribes the policies and procedures for
the promotion of Reserve and ARNG officers.  This regulation specifies that
officers
selected by a SSB are eligible for the same date of rank that they would
have received by the original board in which the error occurred.  It also
specifies that promotion may only be effective upon positioning in the
higher grade or assignment to the Individual Ready Reserve for promotion on
the MTIG date.

21.  Army Regulation 135-155 also specifies that officers in the grade of
captain may be promoted to major upon completion of 7 years MTIG,
selection by a mandatory promotion board, and have met all requirements
for promotion.  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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances, the applicant is entitled to correction
of his promotion effective and date of rank for major to 30 June 2005, with
entitlement to back pay and allowances.

2.  Pertinent regulations show that the applicant was eligible for
promotion on or before his MTIG date of 30 June 2005.  He was selected for
promotion to major under the 2004 year criteria, met all qualifications for
promotion, and promoted to major on 24 March 2006.  However, he was
eligible for promotion on his MTIG date.  The untimely delay of his
promotion created an injustice that should now be corrected.

3.  The evidence of record shows the applicant's date of rank for captain
was corrected to 1 July 1998.  In accordance with pertinent regulations
he was eligible for promotion to the next higher grade on or before the
date he completed the required 7 years MTIG (30 June 2005).

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_BPI____  __RDG__  _EM ____  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 and to excuse failure to timely file.  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 major with
a promotion effective date and date of rank of 30 June 2005, with
entitlement to back pay and allowances.




                                  _____Bernard P. Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006293                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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