RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2007
      DOCKET NUMBER:  AR20060012427


      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. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Rose M. Lys                   |     |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 to Major (MAJ) be
adjusted.

2.  The applicant states, in effect, that his date of rank to MAJ was
delayed due to inherent delays in the personnel system and inequality
between how the Army National Guard (ARNG) and the United States Army
Reserves (USAR) handles business, his DA selection was not received by the
Soldier’s ARNG unit until
4 July 2006 and that his promotion packet was not forwarded in a timely
manner.

3.  The applicant provides a copy of National Guard Bureau Federal
Recognition Orders Number 209 AR, dated 16 August 2006, and a memorandum
from Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri,
dated 28 March 2006 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The evidence of records shows the applicant was promoted to MAJ in the
Texas Army National Guard (TXARNG) on 16 August 2006.

2.  The Texas Military Forces, Army National Guard, Austin, Texas, Orders
Number 199-1054, dated 18 July 2006, show the applicant was promoted to the
grade of captain effective 18 July 2006 with the date of rank of 25
September 1996.

3.  The National Guard Bureau Federal Recognition Orders Number 209 AR,
dated 16 August 2006, show the applicant was awarded permanent Federal
Recognition as a MAJ in the TXARNG effective 16 August 2006.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Special Actions Branch, Office of Promotions,
Reserve Components, U.S. Army Human Resources Command, St. Louis, Missouri.
 This official confirmed that the applicant was considered and selected for
promotion to major by the 2006 MAJ AMEDD Department of the Army Reserve
Components Selection Board with a promotion eligibility date of 24
September 2003.  The Board convened 10 January 2006 and was released on 28
March 2006.

5.  The NGB provided a comprehensive advisory opinion for review with this
application.

6.  The NGB official recommended approval on the applicant’s request that
his date of rank be backdated to 24 September 2003 and to receive all back
pay and allowances.  The NGB also requested that if the Board approved the
applicant’s request, his promotion records be forwarded to the Department
of the Army Mandatory Promotion Board for Consideration to the Grade of LTC
that will convene on 7 May 2007.

7.  The opinion concluded that NGB, Chief, Surgeons Division recommended
that the applicant’s date of rank be adjusted to 25 September 2003 and that
the  Personnel and Policy Division officials support the applicant’s
request due to an over strength policy on all Medical Service (MS) branch
officers in the ARNG that authorizes promotion without regard to  the grade
or position they occupy.

8.  On 29 March 2007, the applicant was provided a copy of the advisory
opinion in order to have the opportunity to respond.  On 29 March 2007, the
applicant responded indicating that he concurred with the advisory opinion
rendered in his case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank and Federal Recognition
date for promotion to the grade of MAJ should be changed from 16 August
2006 to
24 September 2003 because it was delayed through no fault of his own.

2.  Records show that the applicant was selected by the 2006 DA Mandatory
Board for Promotion to the Grade of Major.  Based on the fact that the
applicant was appointed on 17 December 2004, as an AMEDD captain with a
date of rank of 25 September 1996, his PED for major is 24 September 2003.

3.  Based on the fact that the ARNG has a current policy in effect which
does not require that AMEDD officers be assigned to a higher graded
position for promotion, the applicant should have been promoted to major on
28 March 2006 with a date of rank of 24 September 2003.

4.  Therefore, based on applicable laws and regulations, the applicant is
entitled to have Federal Recognition Order Number 209 AR, dated 16 August
2006, amended to show the effective date of Permanent Federal Recognition
for promotion to the grade of MAJ was 24 September 2003.

5.  Based on applicable laws and regulations, the applicant is entitled to
have his promotion records appear before the next LTC AMEDD Selection if he
is found to be fully eligible for consideration for promotion.


BOARD VOTE:

___RTD_  ___MJF_  ___RML  _  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:

      a.  amending Federal Recognition Order Number 209 AR, dated
16 August 2006, to show the effective date of promotion as 28 March 2006
and the date of rank of 24 September 2003 for promotion to the grade of
MAJ,

      b.  additionally, the Defense Finance and Accounting Service should
audit the applicant's pay records and provide the applicant all pay
allowances due him based on the above correction, and

      c.  submitting the applicant’s promotion records to the next
available LTC AMEDD selection board if he is found to be fully eligible for
consideration for promotion.




                                  _       Richard T. Dunbar___
                                            CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20060012427                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/03                              |
|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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