RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006598


      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 to 1 April 1992, the date he received his promotion to lieutenant
(O-3) in the United States Navy (USN), and promotion consideration to major
by a special selection board (SSB).

2.  The applicant states, in effect, he believes his date of rank should be
adjusted to the date he received his promotion to lieutenant (pay grade O-
3) in the USN.

3.  The applicant summarizes his service in the Navy; his enlistment and
service in the North Carolina Army National Guard (NCARNG) as a
noncommissioned officer; his appointment and service as a warrant officer
in the NCARNG, including deployment to Iraq in support of Operation Iraqi
Freedom (OIF); and his request for and acceptance of a commission in the
NCARNG; and his service as a captain, to include his pursuit of attaining
the necessary professional education, command, and other requirements for
his promotion to the rank of major, in spite of his being mobilized a
second time for service in support of OIF.

4.  The applicant states, in effect, that his current date of rank for
captain is 4 April 2004, the date he was commissioned in the NCARNG;
however, this date was established based on faulty advice/guidance.  He was
told it would not be advantageous for him to have his date of rank reset to
1 April 1992 because he would go before a major's board immediately.  At
the time, he did not have the required military education and command time
and would probably have been passed over for promotion.

5.  The applicant further stated that since he was commissioned, he has
learned that there was and is no Department of the Army or National Guard
Bureau (NGB) regulation or precedent that dictates NGB's or NCARNG's
position to reset his date of rank to 4 April 2004.  The applicant's
position is that his original date of rank, 1 April 1992, should have been
used when he was commissioned.

6.  The applicant provides copies of his DD Form 214 (Certificate of
Release or Discharge From Active Duty), his USN separation orders, his
conditional resignation from the US Naval Reserve memorandum, his NCARNG
separation orders, his NGB appointment orders, his NCARNG unit transfer
orders, his DA Forms 1059 (Service School Academic Evaluation Report), his
ARNG Retirement Points History Statement, and his ARNG Soldier Management
Report, in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the USN
on 18 March 1988.  He was promoted to lieutenant, pay grade O-3, on 1 April
1992.

2.  He was honorably separated from the USN on 30 April 1992 and
transferred to the Naval Reserve in pay grade O-3.  He was credited with 4
years, 1 month, and 13 days total creditable service.

3.  On 1 October 1996, the applicant's resignation from the Naval Reserve
was accepted on the condition that he accept an appointment in the NCARNG
on or before 24 January 1997.

4.  He enlisted in the NCARNG on 7 October 1996.  He was honorably
separated from the NCARNG, in pay grade E-5, on 5 February 1999.  He was
appointed in the NCARNG, as a warrant officer one, on 6 February 1999.

5.  He was separated from the NCARNG, in pay grade CW2, on 2 April 2004.
He was appointed in the NCARNG, as a captain, on 3 April 2004, with the
same date of rank.

6.  In an advisory opinion, dated 28 June 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, reiterates the
applicant's request and statements.  The NGB official stated that on 1
October 1996, the Department of the Navy sent a memorandum to the
applicant, approving his resignation from the Naval Reserve if he accepted
an appointment in the NCARNG on or before 24 January 1997.  On 15 January
1997, the NGB, Personnel Readiness and Policy Division gave approval for
the applicant to be awarded 92A Area of Concentration.  The applicant was
appointed in the NCARNG, as a captain, on 3 April 2004 and signed the Oath
of Office on the same date.  The NCARNG issued orders number 10-802, dated
15 April 2004, appointing the applicant in the NCARNG, as a captain, on 3
April 2004.  Federal recognition special orders number 124 AR, dated 18 May
2004, were issued reappointing the applicant from CW2 to captain on 3 April
2004.

7.  The NGB official also stated that in accordance with National Guard
Regulation 600-100, chapter 2, paragraph 2-11e, commissioned officers and
former commissioned officers with previous honorable and creditable service
in a component of the Armed Forces, other than the US Army or US Marine
Corps, who have demonstrated their qualification by service in the grade
requested may be extended Federal recognition with assignment to a combat
support or combat


service support branch provided the officer's duty or assignment in the
other Armed Forces required similar qualifications to those of the
requested grade and branch.  Army Regulation 135-100, chapter 1, paragraph
1-9a(7) states that a commissioned officer of a regular component who is
discharged or who resigns may be appointed as a Reserve commissioned
officer.  The appointment will be in the grade, with time in grade for
promotion purposes equal to the amount of time in the permanent grade held
as a regular officer at the time of discharge or resignation.  In the case
of the applicant, he spent 4 years as an O-3 in the Navy.

8.  The NGB Personnel Division official recommended the applicant's date of
rank for captain be adjusted to 4 April 2000.  The recommendation was based
in accordance with Army Regulation 135-100, detailed in this opinion,
because the applicant spent 4 years as a captain in the Navy and because he
was approved and commissioned on 4 April 2004[sic], his adjusted date of
rank should be 4 April 2000.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 25 October 2006 and he concurred on the same date.

10.  Army Regulation 135-155, prescribed the policies and procedures for
the promotion of Reserve and ARNG officers.  This regulation specifies
that a captain serve 7 years maximum years of service in grade (MYIG)
before promotion to major.  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.

11.  Army Regulation 135-155 also specifies that promotion reconsideration
by a SSB may only be based on erroneous non-consideration or material
error, which existed in the record at the time of consideration.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his date of rank for captain in the NCARNG to 3 April 2000,
based on the fact he was promoted to pay grade O-3 on 1 April 1992 and
served in that grade while a member of the USN and Naval Reserve from 1992
until 1996.

2.  Therefore, it is concluded that based on a matter of equity and on the
support for favorable consideration expressed by the NGB, Personnel and
Personnel Policy and Readiness Divisions, the applicant's current date of
rank for captain should be adjusted based the 4 years he served in pay
grade O-3, based on time in grade for promotion purposes.

3.  As a result of this adjusted date of rank for captain of 4 April 2000
and the 7 years MYIG, the applicant is also eligible for promotion
consideration to major under the 2006 year criteria.  It would now be
appropriate to submit his records for appropriate SSB consideration for
this purpose.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__BPI___  ___RDG_  __EM___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all State of North Carolina Army National Guard and
Department of the Army records of the individual concerned be corrected
by showing he was appointed in the North Carolina Army National Guard, as
a captain, effective 3 April 2004, with a date of rank of 4 April 2000.

2.  That following administrative implementation of the foregoing, his
records be submitted to a duly constituted SSB for promotion consideration
for major under the 2006 year criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to major on his date of eligibility, as determined by
appropriate Departmental officials using the criteria cited, with
entitlement to all back pay and allowances, provided he was otherwise
qualified and met all other prerequisites for promotion.

4.  That if not selected, the applicant be so notified.



5.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adjustment to his date of rank for captain to 1 April 1992.




                                  _____Bernard P. Ingold___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006598                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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