RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060013455


      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             |
|     |Mr. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 enlistment in the US Army Reserve
(USAR) be voided and that the Board’s previous directive be carried out.

2.  The applicant states that it was not his fault that he was not promoted
by the second USAR major regular selection board.  He had completed his
baccalaureate degree in the prescribed time.  He adds that he was selected
for promotion to major under 2003 criteria by a special selection board.

3.  The applicant provides a memorandum dated 22 March 2006 which shows
that he was selected for promotion to major by a special selection board
which considered him under 2003 criteria; a copy of this Board’s 28 June
2005 record of proceedings; a copy of his DD Form 4 enlisting him in the
USAR in the rank of sergeant on 21 March 2005; and documentation pertaining
to him attempting to regain his commissioned status and be promoted to
major.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a captain assigned to a troop program unit (TPU) in the
Army National Guard (ARNG), was discharged on 23 March 2004 due to his two
non-selections for promotion to major.

2.  On 21 March 2005, the applicant enlisted in the USAR for assignment to
a TPU.

3.  On 28 June 2005, this Board recommended that the applicant’s records be
corrected to show that:

      a.  he completed the requirements for his baccalaureate degree prior
to the convening date of the 2003 Major Reserve Components Selection Board;


      b.  his records be submitted to a duly constituted special selection
board for promotion reconsideration to major under the 2003 criteria;

      c.  if selected, his records be further corrected by showing he was
promoted to the next higher grade on his date of eligibility or on a date
when he met all prerequisites for promotion to major, as determined by
appropriate Departmental officials;

      d.  if the applicant was selected but previously separated, his
records be further corrected to show that his discharge, as applicable, is
void, and of no force or effect, that he was credited with qualifying
service for Reserve retirement for his respective retirement years, from
the dates of his now-voided discharge to the date of his return to the
active Reserve;

      e.  an adequate explanation be placed in his official personnel files
to show that the gap in his officer evaluation reports, from the dates of
his now-voided discharge to the date of return to active Reserve status,
was not caused by any fault on his part, and to insure that he is not
prejudiced thereby in the consideration of any future personnel actions;
and

      f.  all documents related to his now-voided non-selection for
promotion by the 2003 promotion selection board and his discharge be
expunged from his official military records.

4.  In compliance with the Board’s directive, a special selection board
considered, and selected, the applicant for promotion to major under 2003
criteria.

5.  Army Regulation 135-175, Army Nation Guard and Army Reserve Separation
of Officers, paragraph 5-2, states that an officer automatically vacates
his Reserve appointment when he enlists as a Reserve for service in the
ARNGUS or USAR.

DISCUSSION AND CONCLUSIONS:

1.  In accordance with the Board’s previous directive, once the applicant
was selected for promotion to major by the special selection board, his
discharge for his two non-selections for promotion to major should have
been voided.

2.  If the applicant’s discharge due to his two non-selections for
promotion to major is voided, his records will then show that he remained
in a commissioned status and was promoted to major.

3.  The applicant’s commission would then be automatically vacated by his
enlistment in the USAR on 21 March 2005.

4.  It is apparent that the applicant did not know, or understand, that his
enlistment would result in the vacation of his commission if his previous
request to this Board was approved.

5.  As such, it would be appropriate to void the applicant’s 21 March 2005
enlistment in the USAR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____jlp__  ___rmn__  ___cd____  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
voiding his 21 March 2005 enlistment in the USAR.




                                  _________Carmen Duncan__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013455                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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