RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060010577


      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      |
|     |Mrs. Nancy L. Amos                |     |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 that his date of rank (DOR) to first lieutenant
(1LT) be backdated to 28 (sic) November 2004.

2.  The applicant states that the 1LT Administrative Promotion Board deemed
he was not educationally qualified because he had not yet completed the
officer basic course (OBC).  He was unable to attend OBC prior to his
promotion eligibility date of 28 (sic) November 2004 because he was
deployed as a U. S. Army civilian to Iraq from December 2003 to July 2004.
He began his trainup for that deployment in November 2003.  Upon his return
from Iraq, he was unable to attend OBC until May 2005 due to his spouse’s
medical condition and her doctor’s recommendation.

3.  The applicant provides a 13 July 2004 letter from the U. S. Army Human
Resources Command – St. Louis (USAHRC – STL); a 25 July 2006 letter from
him to USAHRC – STL; a DD Form 1610 (Request and Authorization for TDY
Travel of DOD Personnel) with a DD Form 1610 amended the initial DD Form
1610; an undated letter from his spouse’s doctor; a DA Form 1059 (Service
School Academic Evaluation Report); and his promotion orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  After having had prior enlisted service, the applicant was commissioned
as a second lieutenant in the U. S. Army Reserve, apparently on 28 November
2002.

3.  On or about 28 December 2003, the applicant deployed to Iraq as a
civilian with Company C, 308th Military Intelligence Battalion, 902d
Military Intelligence Group, as mission essential counterintelligence
support to Operation Iraqi Freedom for 195 days.

4.  By letter dated 13 July 2004, USAHRC – STL informed the applicant he
was considered for promotion to 1LT by an Administrative Promotion Board
that convened on 22 June 2004 and was found not qualified for promotion as
his record did not reveal that he had completed the required military
education (OBC).

5.  The applicant completed the Military Police OBC on 6 September 2005.

6.  Effective 6 September 2005, the applicant was promoted to 1LT with a
DOR of 6 September 2005.
7.  In a 25 July 2006 letter to USAHRC – STL, the applicant requested an
adjustment to his DOR.  He noted that he was originally scheduled to attend
the Military Police OBC from September 2004 through January 2005, but his
wife suffered severe emotional and psychological stress during his
deployment.  As a result her doctor recommended he delay attending any
military training that would require him to be gone for a prolonged period
of time.  He had since completed OBC, but his current DOR would not allow
him to be considered for promotion during the 2007 captain board (which has
an effective DOR cutoff of 31 August 2005).

8.  In the processing of this case, an advisory opinion was obtained from
the Chief, Special Actions Branch, Office of Promotions, Reserve
Components, USAHRC – STL.  After reviewing the documents the applicant
provided, that individual recommended the applicant’s DOR be backdated to
27 November 2004 as an exception to policy but that his effective date of
promotion remain      6 September 2005.

9.  A copy of the advisory opinion was provided to the applicant for
comment.  On 16 February 2007, he concurred with the advisory opinion.

10.  Army Regulation 135-155 (Promotion of commissioned Officers and
Warrant Officers other than General Officers) states basic branch officers
appointed on and after 1 April 1984 are required to completed a resident
OBC prior to being eligible for promotion to 1LT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had not completed the required military education (OBC)
at the time he was initially eligible for promotion to 1LT on 27 November
2004.  However, it is noted that he had been deployed to Iraq in a mission
essential civilian position since December 2003.  Due to the effect his
deployment had on his wife’s health, he was not able to complete OBC until
6 September 2005, at which time he was promoted to 1LT.

2.  The advisory opinion recommended the applicant’s DOR be backdated to
27 November 2004 as an exception to policy but that his effective date of
promotion remain 6 September 2005.  As the applicant’s deployment to Iraq
in a mission-essential civilian capacity appears to have been the major
contributory factor towards his failing to complete OBC in a timely manner,
it appears the advisory opinion’s recommendation would be an equitable
means of correcting his records.

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 all
Department of the Army records of the individual concerned be corrected by
showing he was promoted to 1LT effective 5 September 2005 with a date of
rank of 27 November 2004 as an exception to policy.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010577                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070313                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |131.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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