RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060010191


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 be adjusted
from
5 August 2005 to 18 May 2005.

2.  The applicant states, in effect, that he was commissioned a Second
Lieutenant (2LT) on 18 May 2003.  His 2 year date from commission occurred
while deployed to Iraq.  While deployed his platoon was detached from his
parent battalion and his promotion packet failed to be submitted either by
his battalion or was not correctly handled by a higher command.  He was
promoted late on
5 August 2005.

3.  The applicant provides copies of his appointment memorandum, his Oath
of Office, his Officer Evaluation Report (OER) for the period ending 16 May
2004 and for the period ending 24 August 2005, his Service School Academic
Evaluation Report (AER), his Mississippi Army National Guard (MSARNG)
separation orders, and his first lieutenant promotion orders, in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records shows that he signed an Oath of Office
on
18 May 2003, upon completion of his Reserve Officer training Cadet (ROTC)
from the University of North Carolina.  He was appointed in the North
Carolina National Guard (NCARNG) effective 30 May 2003.

2.  Federal recognition special orders number 170 AR was issued
transferring the applicant from the United States Army Reserve (USAR) to
the NCARNG effective 30 May 2003.  He was transferred to the MSARNG on 16
October 2003; per the Federal recognition special order number 290 AR.  On
9 January 2004, the applicant was branch transferred from The Adjutant
General to Armor (AR).

3.  On 24 August 2004, he completed the Armor Officer basic Course.  He was
activated in support of Operation Iraqi Freedom (OIF) from 13 January 2005
to
28 December 2005.  The applicant was promoted to 1LT effective 5 August
2005; 3 months past his time in grade eligibility.

4.  A review of the applicant’s Official Military Personnel file (OMPF) and
the documents that he submitted in support of his application, found no
documents reflecting that he was ineligible for promotion during the 24
month time in grade requirement.

5.  On 22 January 2006, the applicant was honorably released from active
duty and returned to his MSARNG unit, in the rank of First Lieutenant.  He
had completed 1 year, 4 months and 26 days of honorable active service.

6.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, Departments of the Army and
the Air Force, National Guard Bureau (NGB), which the reiterated the
applicant's requests and contentions.  The advisory opinion stated, in
effect, that on 18 May 2003, the MSARNG approved the applicant for
appointment in the ARNG, as a second lieutenant, effective 30 May 2003.
The applicant completed the Armor Officer Basic Course on 24 August 2004.

7.  The NGB officials also stated that published promotion Order Number 217-
150 and the Federal recognition special order number 347AR was also
published for the applicant to be promoted to 1LT, effective date of
promotion 5 August 2005.  In accordance with the Reserve Officer Personnel
Management Act (ROPMA), paragraph 2-3 states that Second Lieutenants will
be considered for promotion to First Lieutenant prior to reaching 24 months
of commissioned service so that they can be promoted timely upon reaching
24 months of commissioned service.  However, they must also be qualified in
all other areas.  A Second Lieutenant found not qualified for promotion at
24 months of commissioned service must be retained for at least six months
from the date he/she should have been promoted if found qualified.  In the
case of the applicant, a search on his Official Military Personnel file
(OMPF) found no documents reflecting that he was ineligible for promotion
at 24 months time in grade.

8.  The NGB officials recommended approval of adjusting the applicant's
date of rank to 18 May 2005, due to the applicant was never found not
qualified for promotion by his battalion commander, and the unit personnel
never submitted his first lieutenant promotion packet to the MSARNG before
his 24 months of service in accordance with ROPMA and the National Guard
Regulation 600-100.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal.  On 12 February 2007, the applicant concurred with the
advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment of his promotion effective date and date of rank for first
lieutenant to 18 May 2005, with entitlement to back pay and allowances.

2.  The evidence shows that the applicant was eligible for promotion to
first lieutenant on 18 May 2005; however, his promotion packet was not
forwarded in a timely manner for his promotion upon completion of 24 months
of commissioned service.  By all accounts, the applicant was never found
not qualified for promotion to first lieutenant on that date.

3.  The applicant's promotion was delayed through no fault of his own;
therefore, it is concluded that based on a matter of equity and on the
support for favorable consideration expressed by the NGB, Personnel
Division, the applicant should be granted relief as recommended.

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


BOARD VOTE:

__WDP__  __PMS__  ___JLP__  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.  As a result, the Board recommends that the
State of Mississippi Army National Guard and Department of the Army records
of the individual concerned be corrected by showing he was promoted to
first lieutenant with a promotion effective date and date of rank of 18 May
2005, with entitlement to back pay and allowances based on these
adjustments.









                                  ____William D. Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/03/13                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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