RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060007905


      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             |
|     |Mr. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland S. Venable             |     |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 that his Official Military Personnel File (OMPF)
be corrected by permanently removing a memorandum for record dated, 6 March
2003 with subject: Date of Rank Adjustment.

2.  The applicant states in effect, that the memorandum of record is
inaccurate and incorrect.  He states that the memorandum was corrected on
29 October 2004; however, the erroneous memorandum for record still remains
in his military personnel file.

3.  The applicant provides:

     a.  a copy of a letter, dated 12 May 2006 addressed to the Commander,
U.S. Army Human Resources Command;

     b.  a copy of a memorandum for record, dated 6 March 2003 with
subject: Date of Rank Adjustment; and

     c.  a corrected copy of a memorandum, dated 6 March 2003 with subject:
Promotion as a Reserve Commissioned Officer of the Army.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  
6 March 2003.  The application submitted in this case is dated 12 May 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show he was appointed as a Reserve Commissioned
Officer in the Army as a second lieutenant on 14 April 1998.

4.  A memorandum for record, dated 6 March 2003 shows that the applicant
was not promoted to first lieutenant on 26 May 2000 because he did not meet
all the promotion qualifications.

5.  On 6 March 2003, a corrected copy of a promotion memorandum shows that
the applicant was promoted to first lieutenant with an effective date of
promotion as 26 May 2000.

6.  In a memorandum addressed to the Commander, U.S. Army Human Resources
Command, dated 12 May 2006, the applicant noted that he submitted paperwork
to have his military records corrected and to remove the incorrect
memorandum for record; however, while the records were corrected the
incorrect memorandum for record was not removed.

7.  Army Regulation 600-8-104 (Military Personnel Information
Management/Records) states, in pertinent part, that documents authorized
for filing in the OMPF under previous versions of this regulation will
remain on the OMPF unless removal is authorized by The Army Board for
Correction of Military Records (ABCMR).  The image of those documents
approved for removal from
microfiche records will be made illegible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his OMPF be corrected by permanently
removing the memorandum for record, dated 6 March 2003 with subject: Date
of Rank Adjustment.

2.  His records show that the memorandum for record, dated 6 March 2003
with subject: Date of Rank Adjustment was in error.  Based on the corrected
copy of his promotion memorandum as a Reserve Commissioned Officer of the
Army effective 26 May 2000, it's in the interest of justice to have the
memorandum for record, dated 6 March 2003 with subject: Date of Rank
Adjustment permanently removed from the applicant's OMPF to insure it will
not adversely affect the applicant in the future.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 March 2003; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on  
5 March 2006.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence , it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:

___jtm___  ___wdp__  ___rsv__  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 permanently removing the memorandum
for record dated 6 March 2003 with subject: Date of Rank Adjustment from
his OMPF.




                            _________John T. Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007905                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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