RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 May 2007
      DOCKET NUMBER:  AR20060011263


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 (DOR) be
changed from 14 March 2005 to 22 September 2000.

2.  The applicant states, in effect, that he had 4 years, 5 months and 24
days time in grade as a First Lieutenant (1LT) prior to his reappointment
in the Kansas Army National Guard (KSARNG) on 14 March 2005.

3.  The applicant provides a copy of his military record in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was initially appointed a second
lieutenant on 27 July 1991.  On 24 July 1994, KSARNG published order number
141-003 separating the applicant from the Army National Guard (ARNG) and
transferring him to the United States Army Reserve (USAR) control group
effective 27 July 1994.

2.  On 31 July 1996, the Human Resource Command (HRC) St. Louis sent a
memorandum to the applicant for promotion to 1LT effective 26 July 1994.
USAR order number D-01-903100 was published discharging the applicant from
the USAR effective 20 January 1999, with an honorable discharge.

3.  On 14 March 2005, proceedings of a Federal recognition examining board
granted the applicant Federal Recognition as a 1LT in the KSARNG, effective

14 March 2005.  The applicant signed the Oath of Office on the same
effective date.  State order number 108-702 and federal recognition special
order number 165 AR was published appointing the applicant in the ARNG
effective 14 March 2005.

4.  On 15 August 2005, the applicant entered active duty and was activated
for deployment in support of Operation Iraqi Freedom (OIF) from 15 August
2005 thru 5 January 2007.  The applicant was honorably released from active
duty on 5 January 2007, for completion of required active service.   He was
transferred to the KSARNG.  He completed 1 year, 4 months and 21 days of
honorable active duty service.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, and NGB.  This official
recommends that the applicant’s initial appointment date remains as 14
March 2005, but his date of rank be corrected to read 22 September 2000,
because the applicant held the 1LT rank from 1994 thru 1999, before being
discharged on 20 January 1999.

6.  In accordance with NGR 600-100, chapter 2, appointments of former
commissioned officers into the ARNG who were separated from the United
States Army Reserve honorably, the effective date will be the date Federal
recognition examining board is approved.  Chapter 8 states, that an Army
National Guard Commissioned Officer who has been in an inactive status will
not be considered for Federal recognition to the next higher grade until at
least
1 year after the date of return to an active status.  The Officer must
continuously perform service on either the Reserve Active Status List the
Active Duty list or a combination of both lists since returning from an
inactive status.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other Than General Officers) prescribes policy and procedures used
for selecting and promoting commissioned officers (other than commissioned
warrant officers) of the ARNG and of commissioned and warrant officers (WO)
of the United States Army Reserve (USAR).  Chapter 2 outlines promotion
eligibility and qualification requirements.  Paragraph 2-1 states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board.  The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation.  Table 2-1 states that the minimum time in
grade as a second lieutenant for promotion to first lieutenant is 2 years.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contention that his DOR to 1LT is incorrect and that it
should be adjusted from 14 March 2005 to 22 September 2000, was carefully
considered and found to have merit.

2.  By law and regulation, Reserve officers are required to be considered
for promotion to 1LT in sufficient time to be promoted prior to reaching 24
months of commissioned service if otherwise qualified.

3.  The evidence of record confirms the applicant held the 1LT rank from 26
July 1994 thru 20 January 1999; therefore his DOR should be corrected to
read
22 September 2000.

4.  As evidenced by the NGB advisory opinion, it would be appropriate to
correct the applicant's DOR to 22 September 2000, as he requested and as
supported by the NGB.

BOARD VOTE:

___YM __  ___LMD_  ___GJP__  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 his first lieutenant date of rank as 22 September 2000.





                                  ___Yolanda Maldonado___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/15                              |
|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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