RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060014854


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland Venable                |     |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 enlistment contract be
voided with reinstatement in the United States Army Reserve (USAR) Control
Group; he be promoted to major based on the results of a special selection
board (SSB), with entitlement to back pay and allowances; and a statement
for the gap in his officer evaluation reports for his non-rated time as a
major be placed in his official military personnel file.

2.  The applicant states, in effect, that he was selected for promotion to
major by an SSB.  He was improperly non-selected for promotion and
honorably discharged in 2000.  He has been accepted into a major's position
with the 3397th Garrison Support Unit (GSU) in Chattanooga, Tennessee.  He
must have his enlistment in the Army National Guard (ARNG) voided and his
separation from the USAR Control Group rescinded/revoked.

3.  The applicant provides copies of his Notification of Promotion Status
memorandum; his honorable discharge orders and certificate; his
enlistment contract; his DD Form 214 (Certificate of Release or Discharge
From Active Duty); his ARNG Retirement Points History Statement; his
Eligibility for Promotion as a Reserve Commissioned Officer as a Result
of an SSB memorandum; and a memorandum from the Deputy Commander, 3397th
GSU, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was appointed in the
Kansas ARNG (KSARNG), as a second lieutenant, effective 27 October 1987.
He was promoted to first lieutenant effective 26 October 1990 and to
captain effective 11 September 1992.

2.  He was reassigned from the KSARNG to the USAR Control Group
(Reinforcement) effective 5 October 1999.

3.  He was considered and not selected for promotion to major by the 1999
and 2000 Reserve Components Selection Boards.

4.  He was honorably discharged from the USAR Control Group effective
25 September 2000.

5.  He enlisted in the KSARNG, as a sergeant, pay grade E-5, effective
17 December 2004.

6.  On 18 April 2006, the Office of Promotions, Reserve Components, Human
Resources Command, St. Louis, Missouri, issued to the National Guard
Bureau, an Eligibility for Promotion as a Reserve Commissioned Officer
Not on Active Duty memorandum.  The memorandum stated that the applicant
has been selected for promotion to major by an SSB that convened on 4
November 2005.  The effective date of promotion would be either of the
following dates:  a. 3 January 2000, b. the date Federal recognition was
extended in the higher grade, or c. the date following the date Federal
recognition was terminated in the current Reserve grade.  The memorandum
also stated that the earliest possible date of rank the applicant could
have was the presidential approval date of the 1999 year criteria he was
recommended under.

7.  In a memorandum, dated 20 September 2006, the Deputy Commander, 3397th
GSU, Chattanooga, TN, stated that he would assign the applicant to a
major's position effective upon his reinstatement in the USAR Control Group
and pending promotion to major.

8.  His ARNG Retirement Points History Statement, dated 13 February 2006,
shows he has 16 years qualifying service for retired pay.

9.  Army Regulation 135–155, prescribes the policies and procedures for the
promotion of Reserve and ARNG officers.  This regulation specifies that
officers selected by an SSB are eligible for the same date of rank that
they would have received by the original board in which the error occurred.
 It also specifies that promotion may only be effective upon positioning in
the higher grade or assignment to the Individual Ready Reserve for
promotion on their maximum time in grade date.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
voiding of his discharge from the USAR Control Group dated 25 September
2000 and voiding of his enlistment contract in the KSARNG dated 17 December
2004.

2.  The applicant is also entitled to reinstatement to the USAR Control
Group and promotion to major on his date of eligibility under the 1999 year
criteria or the date he met all requirements for promotion, with
entitlement to all applicable back pay and allowances, and to have an
adequate statement/explanation placed in his official personnel files for
the gap in his officer evaluation reports for his non-rated time for the
period of his now-voided discharge to the date of his return as a Reserve
commissioned officer.

3.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

___J____  __WDP__  _RSV  __  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 state
Army National Guard records and the Department of the Army records of the
individual concerned be corrected, as appropriate, by:

      a.  voiding the United States Army Reserve Control Group discharge of
the individual concerned dated 25 September 2000, with reinstatement to the
United States Army Reserve Control Group;


      b.  voiding his 17 December 2004 enlistment in the Kansas Army
National Guard;


      c.  showing he was promoted to major, on his date of eligibility,
under the 1999 year criteria, or the date he met all requirements for
promotion, with entitlement to all applicable back pay and allowances;


      d.  including an adequate explanation in his official personnel files
to show that the gap in his officer evaluation reports, from the date of
his now-voided discharge, to the date of his return to the United States
Army Reserve Control Group in a Reserve officer commissioned 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;

      e.  expunging from his official military records all documents
related to his now-voided non-selection for promotion by the 1999 Reserve
Components Selection Board, his discharge of 25 September 2000, and his
enlistment contract of 17 December 2004; and

      f.  offsetting the pay received by the applicant in his previous
status and payment of any difference that he may be due.




                                  _____John T. Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014854                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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