RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060015341


      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. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, adjustment to his date of rank for
first lieutenant and promotion consideration to captain by a special
selection board (SSB).

2.  The applicant states, in effect, he was not promoted to captain several
years ago and omitted from previous promotion boards.  He also states that
during 1994 to 1995 he was assigned to the New Jersey Army National Guard
(NJARNG).  He was discharged and assigned to the Individual Ready Reserve
(IRR) where his records were misplaced.  His pay entry date was 20 June
1993 and he has completed the required education and schools for his
military occupational specialty and grade.

3.  The applicant provides copies of his DA Form 1059 (Service School
Academic Evaluation Report), his officer basic course (OBC) completion
certificate, his Application for Federal Recognition as an ARNG Officer or
Warrant Officer and Appointment as a Reserve Commissioned Officer or
Warrant Officer of the Army in the ARNG of the United States, his NJARNG
appointment orders, his first lieutenant promotion orders, his United
States Army Reserve (USAR) Control Group reassignment orders, and his
troop program unit (TPU) assignment orders, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the USAR, as
a second lieutenant, effective 20 June 1993.  He completed the Armor Branch
OBC effective 16 March 1994.

2.  He was appointed in the NJARNG, as a second lieutenant, effective 8
August 1995.

3.  Orders Number 284-040, dated 11 October 1995, show his appointment in
the NJARNG was revoked and he was reassigned to the USAR Control Group
(Reinforcement).

4.  Based on completion of the required 3 years time in grade his promotion
eligibility date (PED) for first lieutenant was 19 June 1996.

5.  Orders Number B-01-600182, dated 10 January 2006, show he was promoted
to first lieutenant with a promotion effective date and date of rank of
30 December 2005.
6.  He was reassigned to a TPU, as a second lieutenant, effective 19
January 2006.  He was reassigned to another TPU, as a first lieutenant,
effective 22 September 2006.

7.  In an advisory opinion, dated 23 February 2006, the Chief, Special
Actions Branch, Office of Promotions, Reserve Components, Human Resources
Command (HRC), St. Louis, Missouri, stated that the applicant was selected
for promotion to first lieutenant by the 1996 Administrative Review Board
with a PED of 19 June 1996, based on the 3 years time in grade as a second
lieutenant.  He was assigned to a control group at the time of his
selection and his promotion was inadvertently overlooked.  The applicant
was subsequently considered and selected for promotion to first lieutenant
by the 2006 Administrative Review Process and promoted on orders dated 10
January 2006, with a date of rank of 30 December 2005, the date the board
was approved.

8.  The HRC official also stated that a review of available records
indicates the applicant met the promotion requirements at the time of his
selection in 1996; therefore, it was recommended his date of rank be
corrected to 19 June 1996.  If his date of rank is corrected to 19 June
1996, he will be eligible for promotion consideration to captain by SSBs
under the 2000 to 2005 criteria.  In view of the facts, it was recommended
the applicant's request be approved.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 2 November 2006 and he concurred on 2 November 2006.

10.  Army Regulation 135-155 (in effect at the time) prescribed the
policies and procedures for the promotion of Reserve and ARNG officers.
This regulation specified that an officer in the grade of second lieutenant
will be considered for promotion without review by a promotion selection
board.  A qualified second lieutenant will not be promoted on or before the
date of completion of 3 years of promotion service and completion of a
branch OBC.

11.  Army Regulation 135-155 (in effect at the time) also specified that
individuals will receive mandatory promotion consideration prior to their
promotion eligibility dates so that, if selected, they may be promoted on
their future promotion eligibility dates.  The regulation also specifies
that promotion to captain required 4 years completion of time in the lower
grade.

12.  Army Regulation 135-155 (former and current versions) also specifies
that promotion reconsideration by a SSB may only be based on erroneous non-
consideration or material error, which existed in the record at the time of
consideration.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
adjustment to his promotion effective date and date of rank for first
lieutenant to 19 June 1996, his PED, with entitlement to back pay and
allowances.

2.  The applicant was selected for promotion to first lieutenant by the
1996 Administrative Review Board, with a PED of 19 June 1996, based on
completion of 3 years time in grade as a second lieutenant.  However, the
applicant was inadvertently not promoted while serving as a member of the
control group.  He was subsequently considered for promotion to first
lieutenant in 2006 and promoted with a date of rank of 30 December 2005,
the date the board was approved.

3.  The evidence of record shows the applicant completed the required
3 years time in grade, his resident OBC, and met all requirements for
promotion purposes prior to his current promotion effective date.  The
applicant's records did not reveal any unfavorable information to cause a
delay in his promotion to first lieutenant on 19 June 1996.  The
applicant's promotion was delayed through no fault of his own and this
delay created an injustice that should now be corrected.  The applicant’s
actions did not contribute to the delay and he should not be penalized by a
late promotion.

4.  Based on his adjusted date of rank for first lieutenant of 19 June 1996
and completion of 4 years time in grade, the applicant is also eligible for
promotion consideration to captain under the 2000 to 2005 criteria.  It
would now be appropriate to submit his records for appropriate SSB
consideration for this purpose.

5.  It is concluded that based on a matter of equity and on the support for
favorable consideration expressed by the Office of Promotions, Reserve
Components, HRC, St. Louis, the applicant should be granted relief as
requested and recommended.

6.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:

___AM __  ___DLL__  ___WFC   GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant was promoted to first lieutenant with a
promotion effective date and date of rank of 19 June 1996, with entitlement
to back pay and allowances based on this adjustment.

2.  That following administrative implementation of the foregoing, his
records be submitted to duly constituted SSBs for promotion consideration
for captain under 2000 to 2005 criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to captain on his date of eligibility therefore, as determined by
appropriate Departmental officials using the criteria cited, with
entitlement to all back pay and allowances, provided he was otherwise
qualified and met all other prerequisites for promotion.

4.  That if not selected, the applicant be so notified.




                                  __   _William F. Crain________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015341                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.05                                  |
|2.                      |131.10                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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