RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060009286


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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 date of rank (DOR) to major be changed
from 18 August 2003 to 26 May 2000.

2.  The applicant states he was on active duty as a Special Forces officer
in the 1990s.  He was released from active duty in 1998 and entered the
U.S. Army Reserve (USAR).  He states that Reserve officer promotion from
captain to major is primarily dependent upon the education requirement of
graduation from an Officer Advanced Course (OAC).  A couple of months
before the 2000 USAR Army Promotion List (APL) Major Board, he received a
letter informing him that his file would appear before the board.  He
noticed that his active duty records were not in his USAR records and he
sent copies of missing records to include his graduation from the 1994
Infantry OAC that he attended on active duty.  In the summer of 2000, he
graduated from Combined Arms and Services Staff School (CAS3), a course
which required graduation from an OAC.  He states he was non-select for
promotion by the 2000 USAR APL Major Board.  He then sent all of his
records to the Human Resources Command (HRC) - St. Louis.  He states it
took a long time for all of his documents to appear in his USAR records
because HRC-St. Louis was apparently backlogged.  He requested to be
considered again for promotion to major by the 2003 USAR APL Major Board in
2003 and was selected.  His DOR to major is 18 August 2003.  He further
states that he was the only Troop Program Unit (TPU) USAR officer in his
class, among many officers who applied, to attend Command and General Staff
Course (CGSC) in residence.  He states that 50 percent completion of CGSC
was the education requirement for promotion to lieutenant colonel and 100
percent completion or graduation from CGSC is the USAR’s education
requirement for promotion to colonel.  In conclusion, he states that he is
currently educationally qualified in the USAR for promotion all the way to
O-6; however, he may never get the opportunity to be considered for
promotion to colonel without his DOR to major being changed.

3.  The applicant provides his diploma for completion of the Infantry OAC;
his diploma for completion of CAS3; his memorandum for promotion to
captain; his memorandum for promotion to major; his diploma for completion
of CGSC; and paragraph 2-15 of Army Regulation 135-155 (Army National Guard
and Army Reserve Promotion of Commissioned Officers and Warrant Officers
other than General Officers).

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in support of Operation Enduring Freedom.  He
is currently serving in the Individual Ready Reserve in the rank of major.

2.  After having had prior enlisted service, the applicant was appointed as
a Reserve commissioned officer in the rank of second lieutenant on 15 May
1986.

3.  The applicant completed the Infantry Officer Basic Course on 26
February 1988.  He was promoted to first lieutenant on 27 May 1989.

4.  He was promoted to captain on 26 May 1993.

5.  The applicant completed the Infantry OAC on 4 February 1994.

6.  The applicant received a Relief for Cause Officer Evaluation Report
(OER) for the period ending 20 December 1994 which shows he was a
Detachment Commander of a 12-man African-Oriented Special Forces
Operational Alpha.  Part IV (Performance Evaluation - Professionalism) of
this report indicates that he could not resolve personality disputes within
his team; he departed the Special Forces compound at night armed only with
an M9 without informing his chain of command and met with his girlfriend,
whose presence in Haiti violated policy; [he was] a minimum-standards
performer as a detachment commander; [he] colluded with another officer in
an attempt to hide a gross violation of the trust which is expected among
commanders; and [he] was not noted for personal integrity.

7.  The applicant served on active duty from 24 July 1993 through 11 March
1998 as a Special Forces officer, when he was transferred to the U.S. Army
Reserve Control Group (Reinforcement).

8.  The applicant completed the requirements for the Reserve Component
Staff Process Course of the Combat Arms Service Staff School on 1 July
2000.

9.  The applicant was considered and not selected for promotion to major by
the 2000 Department of the Army Reserve Components Selection Board, date
unknown.

10.  In a 26 July 2001 memorandum, the applicant was notified that a
Department of the Army Reserve Components Selection Board was convened on 6
March 2001 to consider officers in his grade for promotion, but he was not
selected for promotion by the board.  The memorandum indicated that this
was his second nonselection for promotion.

11.  The applicant completed the Reserve Component Civil Affairs Officer
Advanced Course on 21 September 2001 and was branch transferred to the
Civil Affairs Branch effective 21 September 2001.

12.  The applicant was selected for promotion to major by the 2003
Department of the Army Reserve Components Selection Board which convened on
3 March 2003.  The board was approved on 18 August 2003.

13.  The applicant was promoted to major on 18 August 2003.

14.  He was ordered to active duty in support of Operation Enduring Freedom

on 14 March 2004 and was released from active duty on 11 June 2004.

15.  The applicant completed CGSC on 10 June 2005.

16.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Special Actions Branch, Office of Promotions, Reserve
Components, HRC, St. Louis, Missouri.  The opinion stated that the
applicant was selected for promotion by the 2003 Department of the Army
Reserve Components Selection Board and promoted with a DOR of 18 August
2003, the approval date of the board.  The opinion stated that in
accordance with Army Regulation 135-155, paragraph 4-21, a unit officer
selected for promotion would have a promotion date and effective date no
earlier than the date the board is approved.  Since the board was approved
on 18 August 2003, this was his corrected DOR.  The applicant was
nonselected for promotion by the 2000 and 2001 promotion selection boards.


17.  The advisory opinion also stated that a review of the 2000 board file
revealed that the applicant’s OER ending 28 June 1992 was not viewed by the
board.  The opinion stated that the 2001 board file included the
applicant’s pertinent documents that were eligible for consideration by the
board.  The applicant’s file was omitted from the 2002 board; therefore, he
is eligible for promotion consideration by a Department of the Army Special
Selection Board under the 2002 criteria.  The applicant may request the
special board by submitting a memorandum or letter to this office and he
should indicate he is requesting the special board based on 2002 criteria.
If the applicant is selected by the special board, his DOR will be adjusted
to 19 June 2002, the approval date of the 2002 selection board.  It was
recommended that the applicant’s request for adjustment of his DOR to 26
May 2000 be disapproved.

18.  A copy of the opinion was forwarded to the applicant for comment and
possible rebuttal; however, he did not respond within the allotted
timeframe.

19.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  Chapter 2 provides that mandatory selection
boards will be convened each year to consider Reserve Component officers in
an active status for promotion to captain to lieutenant colonel.  In order
to be qualified for promotion to major, an individual must have completed 7
years time in grade as a captain, CAS3, and an officer advanced course on
or before the convening date of the respective promotion board.

20.  Paragraph 4-21 of Army Regulation 135-155 covers the effective dates
of promotion.  It states, in pertinent part, that unit officers selected by
a mandatory board will have a promotion date and effective date no earlier
that the date the board is approved or the date of Senate confirmation (if
required), provided they are assigned to a position in the higher grade.
When the board approval or, if required, Senate confirmation is before
assignment to the position in the higher grade, the effective date and the
date of promotion will be the date of assignment to the higher graded
position.

21.  Paragraph 3-19 of Army Regulation 135-155 covers promotion
reconsideration boards.  Subparagraph 3-19e(3) states that the Commander,
HRC (Reserve Component) may find that a “material error” caused the
nonselection of an officer by a promotion board.  Among other listed
reasons for approving a reconsideration board, that agency must first
determine that there is a fair risk that one or more of the evaluation
reports that should have been seen by a board (based on the announced cut-
off date) were missing from an officer’s Official Military Personnel File
(OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve commissioned officer in the
rank of second lieutenant on 15 May 1986.

2.  The applicant was promoted to captain on 26 May 1993.  He was released
from active duty on 11 March 1998 and transferred to the USAR.

3.  The applicant was considered and not selected for promotion to major by
the 2000 and 2001 Reserve Components Selection Boards.  However, there is
no evidence to show he was not selected due to not having the required
military education.  The advisory opinion states his file was omitted from
the 2002 selection board and he has an administrative remedy to request
consideration by a Special Selection Board under the 2002 criteria as
outlined in the advisory opinion.

4.  Although it appears the applicant’s OER for the period ending 28 June
1992 was not viewed by the 2000 promotion board, it does not appear that
this one OER received while a first lieutenant would have been the sole
reason he was not selected for promotion to major, especially in light of
his December 1994 Relief for Cause OER.
5.  The applicant was selected for promotion to major by the 2003
Department of the Army Reserve Components Selection Board and the board was
approved on 18 August 2003.  By regulation, the promotion date and
effective date of promotion for unit officers cannot be earlier than the
date the board is approved. Therefore, the applicant was appropriately
promoted to major on 18 August 2003 with an effective date and DOR of 18
August 2003 and there is no basis for adjusting his DOR to major to 26 May
2000.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MT______  RR______  JH______  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.




                                  Marla Troup___________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060009286                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]