RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060006312


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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, that his date of rank for captain
and date of rank for major be adjusted.

2.  The applicant states, in effect, that he has served a total of seven
years in the rank of first lieutenant which has impeded his career
progression and development.

3.  The applicant provides a self-authored statement, dated 1 May 2006; a
NGB Form 22 (Report of Separation and Record of Service); a NGB Form
62 (Application for Federal Recognition as an Army National Guard Officer
or Warrant Officer and Appointment of a Reserve Commissioned Officer or
Warrant Officer of the Army in the Army National Guard of the United
States); U.S. Total Army Personnel Command memorandum, dated 8 July 1998;
three DA Forms 67-8 (Officer Evaluation Report); National Guard Bureau
Special Orders Number 202 AR, dated 13 November 1998; and National Guard
Bureau Special Orders Number 24 AR, dated 28 January 2003, in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant was promoted to the rank of first lieutenant
in the State of Washington Army National Guard (WAARNG) effective
29 December 1992.

2.  National Guard Bureau Federal Recognition Orders Number 77 AR, dated
24 September 1993, awarded the applicant permanent Federal Recognition for
promotion to the rank of first lieutenant, effective 29 December 1992.

3.  DA Form 67-8 covering the period 30 December 1992 through 29 December
1993 shows that the applicant needed to "complete tread mill evaluation to
be cleared to take APFT" [Army Physical Fitness Test] and "needs to attend
his Officer Basic Course as soon as possible."

4.  DA Form 67-8 covering the period 30 December 1993 through 29 December
1994 shows that the applicant "needs to complete profile evaluation to be
cleared to take APFT" and that he "needs to complete his Officer Basic and
Advance Courses as soon as he is medically cleared."

5.  The applicant completed the Reserve Component Army Medical Department
(AMEDD) Officer Basic Course on 19 May 1995.

6.  U.S. Total Army Personnel Command memorandum, dated 12 April 1996,
notified the applicant that he was considered for promotion to the next
higher rank by a Reserve Selection Board; however, he was not selected for
promotion to the rank of captain.

7.  U.S. Total Army Personnel Command memorandum, dated 8 July 1998,
notified the Army National Guard Readiness Center that the Reserve
Selection Board, which adjourned on 31 January 1997, selected the applicant
for promotion to the rank of captain.

8.  State of Washington Office of the Adjutant General Orders Number 289-
05, dated 16 October 1998, promoted the applicant to the rank of captain
with an effective date of 20 October 1998.  These orders contain the
following handwritten entry:  "Eff: 13 Nov 98" [Effective: 13 November
1998].

9.  National Guard Bureau Federal Recognition Orders Number 202 AR, dated
13 November 1998, awarded the applicant permanent Federal Recognition for
promotion to the rank of captain, effective 13 November 1998.

10.  State of Washington Office of the Adjutant General Orders Number 352-
03, dated 18 December 2002, promoted the applicant to the rank of major,
effective date of 12 December 2002.  These orders contain the following
stamped entry: "Jan 28 2003" [January 28, 2003].

11.  National Guard Bureau Federal Recognition Orders Number 24 AR, dated
28 January 2003, award the applicant permanent Federal Recognition for
promotion to the rank of major, effective 28 January 2003.

12.  The applicant submitted a self-authored statement, dated 1 May 2006.
The applicant states he seeks to correct the number of years which he
unfairly spent as a first lieutenant and adjusting his dates of rank for
the years of service as a captain and as a major so he may be eligible for
promotion to the rank of lieutenant colonel before reaching his mandatory
removal date.

13.  The applicant continues that the WAARNG appointed him as a first
lieutenant on 28 December 1992, and over the next 7 years he completed the
requisite AMEDD Officer Basic Course and AMEDD Officer Advanced Course as
well as receiving "Center of Mass" in all his Officer Evaluation Reports
without flagging actions or derogatory statements.


14.  The applicant further stated he was promoted to the rank of captain on
28 November 1998 and promoted to the rank of major on 28 January 2002.  He
continues that when he transferred to the New Mexico Army National Guard in
November 2004, he discovered that he should have been promoted to captain
sooner.  The applicant concludes that the WAARNG impeded his career
progression and development by the extended time he served as a first
lieutenant which has prevented him from being promoted to the rank of
lieutenant colonel prior to his retirement.

15.  The Chief of Personnel Division of the National Guard Bureau,
Arlington, Virginia, provided an advisory opinion in this case.  The Chief
of Personnel Division states that the applicant received Federal
Recognition for his initial appointment as a first lieutenant with an
effective date and date of rank as 29 December 1992 and completed the AMEDD
Officer Basic Course on 19 May 1995.

16.  The Chief, Personnel Division continues that on 12 April 1996, Human
Resources Command (HRC) – St. Louis, sent a memorandum which notified the
applicant that he was non-selected for promotion to the rank of captain.
The Chief, Personnel Division further states on 27 September 1996, the
applicant completed the AMEDD Reserve Component Officer Advanced Course.

17.  The Chief, Personnel Division states that HRC – St. Louis selected the
applicant for promotion to the rank of captain on 31 January 1997, and the
WAARNG promoted him to the rank of captain with an effective date of
20 October 1998.  The Chief, Personnel Division continues the applicant
received Federal Recognition for promotion to captain effective 13 November
1998.

18.  The Chief, Personnel Division states that WAARNG promoted the
applicant to the rank of major effective 12 December 2002 as a position
vacancy promotion, and received Federal Recognition effective 28 January
2003.

19.  The Chief, Personnel Division states that the Office of the Army
National Guard Chief Surgeon, Medical Branch stated there is no evidence
that the applicant's failure to be promoted in a timely manner was a result
of any actions that may have been taken by the WAARNG.  The Chief Surgeon,
Medical Branch continues that the applicant held the rank of first
lieutenant for 5 years, 10 months, and 14 days and based on documents in
his Official Military Personnel File, it was determined that the
contributory factors in the delay of his
promotion to captain was due to the fact that he did not complete the
Officer Basic Course until 19 May 1995 and that his records contain two
OERs with annotations that he was not physically cleared for the Army
Physical Fitness Test.

20.  The Chief, Personnel Division recommends denial of the applicant's
request.

21.  The applicant was provided a copy of the advisory opinion for review
and comment.  The applicant has not provided a written response.

22.  Paragraph 8-1 of National Guard Regulation (AR) 600-100 (Commissioned
Officers – Federal Recognition and Related Personnel Actions) states the
promotion of officers in the ARNG is a function of the State.  Paragraph 8-
3 states a commissioned officer who has been promoted by the State and
extended Federal Recognition in the higher grade will be concurrently
promoted to the higher grade in the Reserve of the Army with assignment to
the Army National Guard of the United States.

23.  Paragraph 8-7d of National Guard Regulation (AR) 600-100 states that
an officer in the rank of first lieutenant through major who was
nonselected by a mandatory selection board will not be considered for
promotion unless selected on a subsequent DA mandatory boards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that serving seven years as a first lieutenant
has been detrimental to his military career; therefore, he requests that
his dates of rank for captain and major be adjusted.

2.  Contrary to the applicant's contention that he served 7 years as a
first lieutenant, evidence shows he only served a total of 5 years,
10 months, and 14 days as a first lieutenant.

3.  Evidence shows the applicant was promoted to the rank of first
lieutenant and awarded permanent Federal Recognition effective 29 December
1992.

4.  Evidence shows that during the period 30 December 1992 through
29 December 1994, the applicant was not medically cleared to take the APFT
which is a requirement for attendance in the AMEDD Officer Basic Course.

5.  Evidence shows the applicant completed the AMEDD Officer Basic Course
on 19 May 1995.
6.  Evidence shows the applicant was non-selected for promotion to the rank
of captain in April 1996.

7.  Evidence shows in January 1997, the Reserve Selection Board selected
the applicant to be promoted to the rank of captain and was awarded
permanent Federal Recognition for the rank of captain effective 13 November
1998.

8.  The delay in the applicant's promotion to captain was as a direct
result of his inability to be medically cleared for attendance in the AMEDD
Officer Basic Course.

9.  There is no evidence and the applicant has not provided sufficient
evidence which shows that the State of Washington Army National Guard did
not timely process the applicant's promotion to the rank of captain.
Absent such evidence, there is no basis to grant the relief requested.

10.  Additionally, there is no evidence in the available records and the
applicant has not provided sufficient evidence showing that his promotion
to the rank of major was erroneously delayed.  Absent such evidence, there
is not basis to grant the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEA___  _TMR___  __MBL __  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.



                                    __James E. Anderholm____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006312                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  315  |131.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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