RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060008767


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 dates of rank for
first lieutenant, captain, major, and lieutenant colonel.

2.  The applicant states that the requirements for him to serve 4 years as
a first lieutenant was not consistent with other officers serving on active
duty (AD) and has caused a significant delay in his career promotions over
the past 20 years.  His recent promotion to lieutenant colonel took much
longer than active Army peers because he was serving as a Reserve officer
on AD (Active Guard Reserve (AGR).  It is his assertion that he is no less
deserving of the same promotion opportunities as active component officers.
 His date of rank to captain should be 20 May 1990, his date of rank to
major should be 19 May 1997, and his date of rank to lieutenant colonel
should be 30 December 2003.

3.  The applicant provides copies of his appointment memorandum; his
promotion memorandums for captain, major, and lieutenant colonel; his
Statement of Service for Computation of Length of Service for Pay Purposes;
and his officer record brief, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve, as a second lieutenant, effective 11 May 1985.

2.  He was ordered to active duty in an AGR status, in the grade of second
lieutenant, effective 13 June 1987.  On 1 January 1988, he applied for
voluntary extension on AD in an AGR status.

3.  He was promoted to first lieutenant, as a Reservist, effective 21 May
1988.  Based on the completion of 4 years time in grade (TIG) and 6 years
time in service (TIS), his promotion eligibility date (PED) for captain was
20 May 1992, the latter of the two dates (6 years TIS from his appointment
date or 4 years TIG from his promotion to first lieutenant).

4.  He was promoted to captain, as a Reservist, effective 20 May 1992.
Based on the completion of 12 years TIS and 7 years TIG, his PED for major
was 19 May 1999, the latter of the two dates (12 years TIS from his
appointment date or 7 years TIG from his promotion to captain).

5.  He was promoted to major, as a Reservist, effective 3 January 2000,
with a corrected date of rank of 19 May 1999, based on the processing
delays of the 1999 Reserve Components Selection Board (RCSB).

6.  He was promoted to lieutenant colonel with a promotion effective date
and date of rank of 30 December 2005, based on the board approval date.  He
was promoted to lieutenant colonel prior to his PED of 18 May 2006 (7 years
TIG).

7.  He was approved for retention beyond 20 years active service in the AGR
Program, with a new release from AD date of 31 July 2009.

8.  In an advisory opinion, dated 9 August 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, Human Resources Command
(HRC), St. Louis, Missouri, stated that the applicant was promoted to first
lieutenant on 21 May 1988, based on the 3 years TIG requirement for
Reservist that was in effect at the time of his promotion.  He was promoted
to captain on 20 May 1992, after serving 4 years TIG.  The promotions were
in accordance with Reserve Components promotion Army Regulation 135-155,
chapter 2, table 2-1, dated prior to 1 September 1994.  The applicant was
selected for promotion to major by the 1999 selection board with a PED of
19 May 1999, and promoted with a date of rank of 3 January 2000, the
approval date of the board.  His date of rank was subsequently corrected to
19 May 1999. The applicant was selected for promotion to lieutenant colonel
by the 2005 selection board with a PED of 18 May 2006, and promoted with a
date of rank of 30 December 2005, the approval date of the board, in
accordance with Army Regulation 135-155, paragraph 4-21, dated 24 October
2001.  Based on the foregoing, it was recommended the applicant's request
be denied.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 25 August 2006.  In his rebuttal, dated 8 September
2006, the applicant stated that the HRC response verifies that he served 4
years TIG on active duty as a first lieutenant.  In comparison, his peers
and fellow officers serving on active duty in the active component during
that same time period were promoted to the rank of captain in many cases
after serving only 2 years TIG.  While their promotions were well deserved,
he regards himself as being no less deserving of equitable promotions.  His
promotions during those years were managed the same as officers serving one
weekend a month and two weeks each summer.

10.  The applicant also stated that on several occasions, he was advised
that efforts were underway to make AGR promotions equitable, but the
interest was small since most AGR officers were accessed into the program
after they were already promoted to captain.  With this in mind, he
respectfully requests his dates of rank to captain, major, and lieutenant
colonel be adjusted by 2 years (earlier) to rectify what he feels is an
undeserved situation.  He was advised that within the Army, the Army Board
for Correction of Military Records has the last word in these matters.  If
the Board cannot adjust his record as requested, he would be grateful for
any favorable adjustment.

11.  Army Regulation 135-155, in effect at the time and prior to the
Reserve Officer Personnel Management Act (ROPMA), prescribed the policies
and procedures for the promotion of Reserve components officers.  The
regulation specified that completion of 3 years TIG as a second lieutenant
and 4 years TIG as a first lieutenant and 6 years TIS was required before
promotion to captain.  Officers would be promoted on the latter of the two
dates.

12.  Army Regulation 135-155, in effect at the time and prior to ROPMA,
also specified that completion of 7 years TIG and 12 years TIS was required
before promotion to major.  Officers would be promoted on the latter of the
TIG and TIS dates.  In addition, the regulation specifies that an AGR
officer must be serving in the higher graded position prior to promotion to
captain, major, and lieutenant colonel.

13.  The ROPMA and Army Regulation 135-155, effective 1 October 1996,
prescribe the policies and procedures to consolidate and modernize the laws
governing the management of promotions for Reserve components officers.
ROPMA specifies that a first lieutenant serve a maximum TIG (MTIG) of
5 years before promotion to captain, a captain serve a MTIG of 7 years
before promotion to major, and a major serve a MTIG of 7 years before
promotion to lieutenant colonel.  ROPMA no longer required completion of
TIS years before promotion to the next higher grade.

14.  ROPMA and Army Regulation 135-155 also specify that 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 service.
AGR officers must be serving in a position requiring the higher grade or
assigned to the Individual Ready Reserve or an Individual Mobilization
Augmentee position.  Promotion cannot be effective prior to approval of
respective boards by the President.

15.  Army Regulation 135-155, previous and current versions, further
specify that AGR officers who have been selected for promotion and who are
not assigned to a position calling for a higher grade will remain on the
promotion list and serve on AD in the AGR program until they are:  (a)
removed from the promotion list under paragraphs 3-13a(1) or 3-18; or (b)
promoted to the higher grade following reassignment to an AGR position
calling for the higher grade; or (c) promoted to the higher grade following
release from AD.

16.  Army Regulation 600-8-29 prescribes the policies and procedures for
the promotion of active duty officers.  This regulation does not govern
promotions of AGR officers on AD.

17.  The ROPMA 1999 promotion board for major was administratively delayed.
 In some cases, presidential approval of the results of the pertinent
promotion boards were also administratively delayed.  Based on normal
processing, the boards should have been approved approximately 100 days
after their respective recess dates.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustments to his dates of rank for first lieutenant, captain,
major, and lieutenant colonel.  He has not shown error, injustice, or
inequity for the relief he now requests.

2.  The applicant's contentions have been noted; however, the applicant was
appointed in the USAR, as a second lieutenant, with an effective date of
11 May 1985.  He was appropriately promoted to first lieutenant upon
completion of 3 years TIG in 1988.

3.  His subsequent appropriate promotions to captain on 20 May 1992, to
major on 19 May 1999, and to lieutenant colonel on 30 December 2005 were in
accordance with governing regulatory policies in effect at the time.  The
correction to his date of rank for major was a result of the processing
delays of the 1999 RCSB.

4.  The applicant, as a Reserve officer in the AGR Program, was not subject
to the promotion policies established in Army Regulation 600-8-29;
therefore, his promotions were consistent with other Reserve officers
serving in the AGR Program.  His dates of rank for first lieutenant,
captain, major, and lieutenant colonel are proper promotions and he has not
shown otherwise.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LDS___  __AM___  ___PMS_  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.




                                  ____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008767                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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