RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20060014315


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 she be paid for reserve drills during the
period January 2001 through March 2002.

2.  The applicant states, in effect, that the right to drill was never
presented to her during the period January 2001 through March 2002.  The
applicant also states that although her promotion packet was being reviewed
by a special selection board, she was honorably discharged on 2 January
2001.  She finally states that the discharge orders were amended and
finally rescinded on 11 March 2002.

3.  The applicant provides a copy of discharge Order Number D-12-064564,
dated 8 December 2000, from the U.S. Army Reserve (USAR) Personnel Command,
St. Louis, Missouri; Revocation Order Number D-12-064564R, dated 11 March
2002, from the USAR Command, a copy of a memorandum from the USAR Personnel
Command, subject:  Promotion as a Reserve Commissioned Officer in the Army,
dated 15 October 2002, and a copy of an undated memorandum from the 8th
Medical Brigade, subject:  Training Schedule for Basic Critical Nursing
Course/8A Course in support of her application.

CONSIDERATION OF EVIDENCE:

1.  On 24 July 2000, the applicant was notified by the U.S. Army Personnel
Command, St. Louis, Missouri, that she was not selected by the Army Reserve
Components Selection Board (RCSB) which convened on 10 January 2000 for
promotion to the rank of major.  This memorandum further stated that as a
result of her being a two time non-select for promotion, she was to be
discharged in accordance with AR 140-10 or Title 10, U.S.C., section 14513
from the USAR effective 1 January 2001.

2.  Orders Number D-12-064564, U.S. Army Reserve Personnel Command, St.
Louis, Missouri, dated 8 December 2000; show that the applicant was
discharged honorably from the USAR on 2 January 2001.

3.  Orders Number D-12-064564R, USAR Personnel Command, St. Louis,
Missouri, dated 11 March 2002; show that Orders Number D-12-064564, AR-
PERSCOM, dated 8 December 2000, pertaining to the discharge of the
applicant were voided or rescinded.



4.  A memorandum, dated 15 October 2002, from the Director, Personnel
Actions and Services, USAR Personnel Command, Subject:  Promotion as a
Reserve Commissioned Officer of the Army, informed the applicant that she
had been selected for promotion to major in accordance with Department of
the Army Special Selection Board (SSB) with an effective date of 25 June
2000.

5.  An advisory opinion was obtained in this case from the Army Reserve, G-
1, Headquarters, United States Army Reserve Command, Fort McPherson,
Georgia on 30 May 2007.  The opinion states the applicant received a
Notification of Promotion Status on or about 24 July 2000, informing her
that she was considered, but, unfortunately, not selected for promotion to
the rank of major by the board, and was required to be discharged as a two-
time non-select in accordance with Title 10, USC, Section 14513 and Army
regulation 140-10, Assignments, Attachments, Details, and Transfer.  The
advisory opinion stated that as a result, the applicant was discharged on 2
January 2001.  The advisory opinion continues that the applicant’s non-
selection was based upon that lack of civilian education although it is an
officer’s responsibility to maintain his/her official military personnel
file.  The applicant provided proof of her required civilian education,
then she requested and was granted a special selection board, which
resulted in her being selected for promotion to major on 15 October 2002
with a date of rank and effective date of 25 June 2000.  The opinion
continues that although the applicant’s previous discharge orders were
rescinded on 11 March 2002, the Amy should not be held liable for missed
drills while her records for being reconsidered for promotion to major.

6.  The applicant’s Chronological Statement of Retirement Points shows that
during the retirement year 15 November 2000 through 2 March 2001 she
received 8 inactive duty training (IDT) points, for 3 March 2001 through
14 November 2001, there is no information shown, and for the period
15 November 2001, through 14 November 2002, she received 30 IDT points.

7.  On 31 May 2007, the applicant was provided a copy of the advisory
opinion for review and comment.  The applicant did not provide a response.








8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers) prescribes the policies and
procedures for promotion of Reserve officers.  Paragraph 4-34 of this
regulation states that an officer twice non-selected for promotion by a
mandatory Reserve selection board must be removed within the prescribed
time limits.  Paragraph 3-19 (Promotion Reconsideration Boards) of this
regulation, in pertinent part, that officers and warrant officers who have
either failed of selection for promotion, or who were erroneously not
considered for promotion through administrative error may be reconsidered
for promotion by either a promotion advisory board or a SSB, if
appropriate.  This document also provides that promotion advisory
boards/special selection boards will convene, in pertinent part, to
correct/prevent an injustice to an officer or former officer who was
eligible for promotion but whose records, through error, were not submitted
to a mandatory promotion selection board for consideration or contained a
material error when reviewed by the mandatory selection board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to pay and allowances for
reserve drills.  She states she was never presented the opportunity to
attend drills while her promotion packet was being considered by a special
selection board.  This contention is found to have merit.

2.  Evidence shows that the applicant’s discharge was voided based on her
selection for promotion by an SSB and her return to an active status.  It
would now be appropriate to award the applicant retirement points and pay
at the same rate she was earning prior to her nonselections for promotion
and discharge.

3.  The applicant’s retirement points statement shows that she was earning
pay and points at the rate of 4 per month; accordingly it would now be
appropriate to correct her records to show she earned 4 points per month
for inactive duty training (IDT) for the months of January 2001 through
March 2002.  It is not the intent for the applicant to receive an overlap
of IDT points in any given month; therefore, following an audit of her
record she should only be awarded IDT points and pay to cover the missing
months between the periods of January 2001 through March 2002 not to exceed
a total of 60 IDT points.






BOARD VOTE:

__JCR _____DAC_____  _QAS   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.  Conducting an audit of the applicant’s retirement and pay file to
determine the months of missed IDT participation from January 2001 through
March 2002.


      b.  Award the applicant pay and IDT retirement points at the rate of 4
per month for each missed IDT period from January 2001 through March 2002
not to exceed 60 IDT points.




                                  ___Jeffrey C. Redmann____
                                            CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20060014315                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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