RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      21 December 2006
      DOCKET NUMBER:  AR20060016639


      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. Peter B. Fisher               |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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
lieutenant colonel to January 2003 and promotion consideration to colonel
by a special selection board (SSB).

2.  The applicant states, in effect, his adjusted date of rank for major of
31 May 1996 qualified him for promotion consideration to lieutenant colonel
by the 2002 promotion board.  He was not considered by the 2002 board
because he was deployed in a major's position.  The Human Resources Command
(HRC), St. Louis, Missouri, advised his command that his date of rank for
lieutenant colonel would be backdated to January 2003 after the SSB
convened.  Numerous attempts were made to correct this error, resulting in
only having continuous confusion over the issues and incorrect date of rank
changes.

3.  The applicant provides copies of his previous Army Board for Correction
of Military Records (ABCMR) Proceedings; his major promotion memorandum; a
memorandum for the Deputy Chief of Staff, G1, Subject:  Promotion of
Mobilized Reserve Component Officers on the Reserve Active Status List
(RASL), and a letter from the Assistant Deputy Chief of Staff For
Mobilization and Training, in support of his application

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army (USAR), as a second lieutenant, effective 20 July 1983, with
prior enlisted service.

2.  The Soldier Management System, Office of Promotions, HRC, St. Louis,
shows the applicant was deployed on 27 October 2001 in a unit, Active Guard
Reserve (AGR).  He was continuously deployed through 22 September 2004.

3.  On 31 October 2002, the ABCMR recommended adjustment to the applicant's
date of rank for major from 2 October 1997 to 31 May 1996, the date he
completed the maximum years of service in grade.

4.  The Office of Promotions, HRC, St. Louis, issued a memorandum promoting
the applicant to major with an effective date of 27 August 1997 and date of
rank of 31 May 1996.

5.  The 2002 Lieutenant Colonel Reserve Components Selection Board convened
on 4 September and recessed on 27 September 2002.  The board results were
approved on 13 January 2003.
6.  Based on an adjusted date of rank for major to 31 May 1996 and the
completion of the required 7 years maximum time in grade (MTIG), his
promotion eligibility date (PED) for lieutenant colonel was 30 May 2003.

7.  The Office of Promotions, HRC, St. Louis, issued a memorandum, dated
2 September 2003, indicating the applicant's selection for promotion to
lieutenant colonel as a result of a SSB.  The memorandum stated that his
promotion effective date and date of rank would be 2 September 2003.  The
memorandum also stated that the applicant was assigned to a lieutenant
colonel's position on 2 September 2003.

8.  On 17 December 2003, the Assistant Secretary (M&RA) established
promotion policy for mobilized Reserve Component Officers for promotion to
the grade of captain through colonel.  This policy applies to all Reserve
Component commissioned officers (Individual Ready Reserve (IRR) and
Selected Reserve) on the RASL.  The policy provides an exception to Army
Regulation 135-155, paragraph 4-9a, which requires troop program unit
officers selected by a mandatory promotion board be assigned or attached to
a Reserve position requiring the higher grade.  A mobilized officer covered
by this policy who had been recommended for promotion may be promoted
immediately when matched against a vacant position of the higher grade.  An
officer promoted under this policy should be assigned to that position
against which the officer was matched or appointed within 180 days after
demobilization.  If an officer, upon demobilization, declines or is
unwilling or unable to occupy the position against which the officer was
matched or appointed, then the officer, whether a member of the USAR or
Army National Guard, shall be transferred immediately to the IRR if the
officer was not assigned to some higher graded Reserve Component position
within 180 days after demobilization.  Any proposed guidance to implement
this policy memorandum that will be issued by the CAR, or the Director,
Army National Guard, must be coordinated with the Deputy Chief of Staff,
G1, and approved by the Assistant Secretary of the Army (M&RA).  The policy
did not allow for retroactive promotion of mobilized unit officers prior to
17 December 2003.

9.  The applicant was released from active duty, in the rank of lieutenant
colonel, effective 1 May 2006.  He was reassigned to a Reserve unit.

10.  The Office of Promotions, HRC, St. Louis, issued orders, dated 5 April
2006, promoting the applicant to lieutenant colonel with an effective date
of 2 September 2003 and date of rank of 30 May 2003.
11.  In a memorandum, dated 20 October 2006, that Assistant Deputy Chief of
Staff for Mobilization and Training stated that as a result of the
deployment of the 21st Tactical Support Command in support of Operation
Iraqi Freedom in December 2002, the applicant was denied his pending
transfer to accept an AGR lieutenant colonel position.  This resulted in
the applicant not being considered for promotion even though his date of
rank for major of 31 May 1996 met the 2002 board criteria.

12.  He also stated that in the December 2002 deployment, the 88th Regional
Readiness Command (RRC) and the HRC, AGR Officer Management Division,
informed the command that the applicant's deployment would not impend or
penalize him due to being assigned to a major's position prior to the 2002
promotion board.  The HRC had also informed the command that a SSB would be
held and the applicant's date of rank would be backdated to January 2003,
even though he was deployed in a major's position prior to the 2002 LTC
promotion board.  Upon the applicant's release from the theater in May 2003
to fill a valid lieutenant colonel's position, his date of rank was
adjusted to the May 2003 date and not January 2003.

13.  The Assistant Deputy Chief of Staff for Mobilization and Training
strongly recommended the applicant's date of rank be adjusted to January
2003, with subsequent review by the 2006 Colonel RCSB.

14.  Based on the required completion of 5 years MTIG, the applicant's PED
for colonel is 29 May 2008.

15.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation provides that individuals
will receive mandatory promotion consideration prior to their PED's so
that, if selected, they may be promoted on their future PED's.  The
regulation also specifies that promotion to lieutenant colonel requires
completion of 7 years in the lower grade.  Promotion to colonel normally
requires completion of 5 years in the lower grade, subject to the needs of
the Army.

16.  Army Regulation 135-155 also specifies that officers selected by a SSB
are eligible for the same date of rank that they would have received by the
original board in which the error occurred.  The date of rank will be the
date the officer is actually promoted to a specific grade and will be used
to establish TIG requirements to the next grade.
DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
correction to his date of rank for lieutenant colonel to 13 January 2003,
the approval date of the 2002 RCSB.  Pertinent regulations show that the
applicant was eligible for promotion to lieutenant colonel on or before his
MTIG date of 30 May 2003.  He met all qualifications for promotion to major
with a date of rank of 31 May 1996.

2.  The evidence shows the applicant was considered and selected for
promotion to lieutenant colonel by a SSB under the 2002 criteria.  He was
promoted with a date of rank of 30 May 2003; therefore, he was eligible
for promotion to the next higher grade on or before the date he completed
the required 7 years MTIG.  However, promotion would be no earlier that
the date the President approved the board.  Therefore, the earliest date
of rank he was entitled was 13 January 2003.

3.  Based on this correction to his date of rank for lieutenant colonel to
30 May 2003, the applicant will be eligible for promotion consideration to
colonel as early as 2007 for promotion on or before his MTIG date of 29 May
2008.  Therefore, he does not have a basis for consideration to colonel by
a SSB under the 2006 year criteria.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___PBF _  ___TMR_  _JCR ___  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 partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by correcting his date of rank for lieutenant
colonel to 13 January 2003, the approval date of the 2002 RCSB.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the applicant's consideration for promotion to colonel by a special
selection board under the 2006 year criteria.




                                  ____Peter B. Fisher_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060016639                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.05                                  |
|2.                      |131.10                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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