RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017761


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 her first lieutenant (1LT) date of rank
(DOR) be adjusted to 30 June 2003.

2.  The applicant states she was supposed to have been promoted to 1LT
after serving two years as a second lieutenant (2LT); however, her unit was
deployed before they were able to submit the paperwork.  She did not deploy
because she was pregnant.  She was transferred to several Reserve units,
and each of her commanders made promises to get the promotion done.  There
were various excuses given for why they could not accomplish her promotion.

3.  The applicant provides appointment orders, dated 30 June 2001; 1LT
promotion orders, dated 26 April 2005; four officer evaluation reports
(OERs); and one academic evaluation report (AER).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 June 2003.  The application submitted in this case is
dated        14 December 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  After having had prior enlisted service, the applicant was appointed a
2LT in the Army National Guard on 1 July 2001.

4.  The applicant transferred to the U. S. Army Reserve on an unknown date,
but her OERs show she was a troop program unit (TPU) member with the 81st
Regional Reserve Command during rating period 15 July 2001 through 14 July
2002 and a TPU member thereafter.

5.  On orders dated 26 April 2005, the applicant was promoted to 1LT with
an effective date and DOR of 21 January 2005.

6.  In the processing of this case, an advisory opinion was obtained from
the Special Actions Branch, Office of Promotions, Reserve Components, U. S.
Army Human Resources Command.  The advisory opinion noted that the
applicant’s promotion eligibility date (PED) to 1LT was 30 June 2003.  She
was inadvertently omitted from the 2003 and 2004 administrative review
process.  She was selected by the 2005 process and promoted with a DOR of
21 January 2005.  The advisory opinion noted that the applicant met the
promotion requirements on her PED; therefore, it was recommended that her
DOR be adjusted to 30 June 2003.  The advisory opinion also noted that the
applicant could be eligible for promotion consideration to captain under
the 2006 criteria if she completed a baccalaureate degree prior to 17
November 2006, the convening date of the 2006 captain selection board.

7.  A copy of the advisory opinion was provided to the applicant for
comment.  On 8 May 2007, she concurred with the advisory opinion.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers) states, in pertinent part, that an
officer in the grade of 2LT will be considered for promotion without review
by a selection board.  The officer’s records will be screened to determine
eligibility for promotion to the next higher grade.  This will be
determined far enough in advance to permit promotion on the date promotion
service is completed.  For promotion to 1LT, this will be after two years
of service in the rank of 2LT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a 2LT on 1 July 2001, making her PED
    30 June 2003.  The advisory opinion acknowledged that she was
inadvertently omitted from the 2003 and 2004 administrative review process,
that she was selected by the 2005 process, but that she met the promotion
requirements on her PED.  Therefore, it would be equitable to correct the
applicant’s records to show she was promoted to 1LT with an effective date
and a DOR of 30 June 2003.

2.  The advisory opinion also noted that the applicant could be eligible
for promotion consideration to captain under the 2006 criteria if she
completed a baccalaureate degree prior to 17 November 2006, the convening
date of the 2006 captain selection board.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 June 2003; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         29 June 2006.  The applicant did not file within the 3-
year statute of limitations; however, based on the available evidence and
argument, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

__lds___  __jrs___  __cad___     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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

     a.  showing she was promoted to first lieutenant with an effective
date and a date of rank of 30 June 2003; and

     b.  if her records show she completed a baccalaureate degree prior to
        17 November 2006, that her records be submitted to a duly
constituted special selection board for consideration for promotion to
captain under the 2006 criteria.




                                  __Linda D. Simmons____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017761                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070605                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |131.03                                  |
|2.                      |131.04                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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