RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       5 December 2006
      DOCKET NUMBER:  AR20060015343


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 adjustment to his date of rank (DOR) for captain
from 20 March 2001 to 20 March 2000.

2.  The applicant states, in effect, that his DOR should be adjusted to a
date that reflects a maximum of 7 combined years service as a lieutenant.

3.  The applicant provides copies of his ARPC Form 155-R (Promotion
Qualification Statement), his officer record brief, his promotion
memorandums for first lieutenant and captain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve as a second lieutenant effective 2 September
1993.  He was promoted to first lieutenant effective 1 September 1996.

2.  His ARPC Form 155-R verifies that he was assigned to a captain's
position effective 1 June 1999.

3.  Based on the maximum of 7 combined years of service as a lieutenant,
his maximum years of service in grade (MYIG) for promotion to captain was
1 September 2000.

4.  The applicant was considered and selected for promotion to captain by
the 2000 Reserve Components Selection Board (RCSB), which convened on
13 November and recessed on 15 December 2000.  The President approved the
board results on 20 March 2001.  Based on his MYIG he should have been
considered by the 1999 RCSB that the President approved on 18 April 2000.
He was promoted to captain effective 20 March 2001.

5.  The applicant's records show that he met the requirements, i.e., active
status, medical qualification, and security clearance for promotion
purposes on his MYIG.

6.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the Army Board for Correction of Military Records (ABCMR) which
could adjust DOR’s for those who were first-time considered and selected
for promotion to captain, after having served more than 7 combined MYIG as
a lieutenant.

7.  The Reserve Officer Personnel Management Act (ROPMA) prescribed the
policies and procedures to consolidate and modernize the laws governing the
management of Reserve component officers.  ROPMA specified that a second
lieutenant serve a MYIG of 2 years before promotion to first lieutenant,
and a first lieutenant serve a MYIG of 5 years before promotion to captain.
 The Reserve Officer Personnel Act in effect prior to ROPMA required
completion of 3 years as a second lieutenant and 4 years as a first
lieutenant before promotion to captain.

8.  ROPMA further specifies that the officer must be serving in a position
requiring the higher grade or assigned to the Individual Ready Reserve or
an Individual Mobilization Augmentee position.  Promotion policy also
requires completion of the necessary military education (officer basic
course) and civilian education (baccalaureate degree).

9.  The ROPMA promotion boards for captains were administratively delayed.
Presidential approval of the results of the pertinent promotion boards were
also administratively delayed.  Based on normal processing, they should
have been convened earlier and approved approximately 100 days after the
respective recess dates.  Based on normal processing, the 1999 RCSB, which
convened on 9 November and recessed 10 December 1999, should have been
approved on 20 March 2000.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment to his promotion effective date and date of rank for captain
to 20 March 2000, the date final board action should have occurred had the
1999 RCSB been timely processed for promotion on or before his MYIG date.

2.  Although the applicant was selected for promotion to captain the first
time he was considered after the enactment of ROPMA, the untimely promotion
consideration and delay of his promotion created an injustice that should
now be corrected.

3.  The applicant was otherwise qualified for promotion to captain and met
all other prerequisites for promotion on 20 March 2000.

4.  The applicant was precluded from equitable promotion consideration,
unlike others in his grade in earlier and later year groups who were
considered before and after him, and was unjustly considered well after his
eligibility.  He was eligible for promotion consideration prior to his MYIG
date so that, if selected, he could have been promoted on or prior to his
MYIG date.  He was unjustly required to serve in grade beyond the 7 years
required by ROPMA and denied timely consideration.  The further delay for
promotion board proceeding preparation and processing for Presidential
approval compounded the unfair circumstances.  It is concluded therefore,
that had he been timely considered for promotion prior to his MYIG date,
and based on his first time consideration and selection, a reasonable
chance would have resulted that he would have been selected and promoted on
or before his MYIG date, and entitled to an earlier promotion, an adjusted
DOR, and entitled to the pay and allowances in the higher grade.

BOARD VOTE:

_LDS ___  __PM___  __DW___  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
showing he was promoted to captain with an adjusted promotion effective
date and date of rank of 20 March 2000, with entitlement to the pay and
allowances in the higher grade on that date.




                                  ____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015343                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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