RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 December 2007
      DOCKET NUMBER:  AR20070006828


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 major (MAJ) date of rank
(DOR) be adjusted from February 2005 to April 2001 or 2002.

2.  The applicant states, in effect, that he was selected for promotion to
MAJ in 2000, while serving in the Arkansas Army National Guard (ARNG), and
that he signed a declination until a position opened.  He claims that at
the time of his selection, he could have accepted the promotion and
transferred to the Individual Ready Reserve (IRR), but he instead elected
to wait until a position opened in the ARNG.  He states that he
subsequently transferred into the IRR, at which time his records were
current; however, while in the IRR, his clearance and physical went out of
date.  He states that since he has reentered the United States Army Reserve
(USAR), both his clearance and physical have been updated, which was
accomplished in a matter of days due to his rapid deployment.

3.  The applicant provides the following documents in support of his
application:  Department of the Army (DA), Office of the Deputy Chief of
Staff, G-1, Memorandum, dated 10 February 2005, Subject:  Promotion of
Reserve Component (RC) Officers on a Promotion List Resulting from a
Mandatory Promotion Board; Promotion Memorandum, dated 10 August 2000; IRR
Transfer Orders, dated 27 June 2002; Promotion Orders, dated 31 May 2005;
and ARNG Separation Orders, dated 20 February 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was commissioned a second
lieutenant in the USAR on 24 May 1989, and entered active duty in that
status on
31 October 1989.  He was promoted to captain (CPT) on 1 May 1994, and he
served on active duty until being honorably discharged on 1 November 1996.


2.  On 4 November 1996, he was appointed a CPT in the USAR and on
29 March 1999, he was appointed a CPT in the ARNG.

3.  On 10 August 2000, a United States Army Total Army Personnel Command
(PERSCOM), St. Louis, Missouri, Memorandum, notified the applicant that he
had been selected for promotion to MAJ by a Reserve Component Selection
Board (RCSB) that adjourned on 7 April 2000.  He was informed that the
effective date of his promotion would be either his promotion eligibility
date (PED), which was 30 April 2001, the date Federal Recognition was
extended in the higher grade, or the date following the date Federal
Recognition is terminated in his current Reserve grade.
4.  On 16 January 2001, the applicant requested a delay in his promotion to
MAJ through 29 April 2003, and on 19 January 2001, the Adjutant General of
the State of Arkansas approved the applicant's requested delay in promotion
through 29 April 2003.

5.  On 20 February 2002, Arkansas ARNG Orders Number 051-001, separated the
applicant from the ARNG and transferred him to Headquarters and
Headquarters Company, Regional Support Command USAR, North Little Rock,
Arkansas.

6.  On 27 June 2002, Headquarters, 90th Regional Support Command Orders
Number 178-00021 released the applicant from his current assignment and
directed his transfer to the IRR, effective 14 June 2002.

7.  Headquarters, United States Army Human Resources Command, St. Louis,
Missouri (HRC-St. Louis) Orders Number B-05-502744, authorized the
applicant's promotion to MAJ, effective and with a DOR of 10 February 2005.


8.  HRC-St. Louis Orders Number C-09-630069, dated 14 September 2006,
released the applicant from the IRR and assigned him to the 90th Regional
Reserve Command, Little Rock, Arkansas, effective 13 September 2006.

9.  On 16 November 2006, 108th Division (Institutional Training) Orders
Number 06-320-00005, ordered the applicant to active duty for a period of
503 days for the purpose of mobilization for Iraqi Freedom.

10.  In connection with the processing of this case, an advisory opinion
was obtained from the Chief, Special Actions Branch, Office of Promotions,
RC,
HRC-St. Louis.  This RC promotion official states that the record shows the
applicant requested and was granted a delay in promotion through 29 April
2003, while serving in the ARNG.  Further, he transferred to a USAR Troop
Program Unit (TPU) on 20 February 2002, and to the IRR on 14 June 2002.  He
further indicates that from the current record and data base, it can not be
determined if the applicant met all the qualifications to be promoted as a
TPU member and it is unclear why he was not promoted while in this status.
He further indicates that in February 2005, a DA policy change was enacted
that allowed officers recommended for promotion by a mandatory board to be
promoted on the date they attained the maximum years in grade (MYIG) or
upon assignment to a higher grade position, whichever was sooner, unless
they were in a promotion delay status.  This policy letter waived the
requirement to have a valid physical examination, security clearance and
Army Physical Fitness Test (APFT) score.  As a result, since the applicant
was in the IRR at that time, he was promoted, effective and with a DOR of
10 February 2005, the date of the policy change.
11.  On 19 September 2007, the applicant was provided a copy of the HRC-St.
Louis advisory opinion in order to have the opportunity to respond.  To
date, he has failed to reply.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers Other Than General Officers) prescribes policy and
procedures used for selecting and promoting commissioned officers (other
than commissioned warrant officers) of the Army National Guard of the
United States (ARNGUS) and of commissioned and warrant officers (WO) of the
U.S. Army Reserve (USAR). Section II provides guidance on promotion dates.
Paragraph 4-21 provides guidance on promotion dates and states, in
pertinent part, that an officer is promoted after selection if all
qualifications for promotion are met.  When an officer does not meet the
qualifications for promotion, the effective date of promotion will not be
earlier than the later date all qualifications are met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his MAJ DOR be changed to April 2001 or
2002 was carefully considered.  However, the evidence of record confirms he
initially requested and had a delay of his promotion to MAJ approved
through 29 April 2003, while he was serving in the ARNG.

2.  The record shows that the applicant was subsequently transferred to a
USAR TPU in February 2002, and to the IRR in June 2002.  However, there is
no evidence of record confirming he met all the qualifications for
promotion on these dates.  The record also confirms that he was properly
promoted to MAJ, effective the date a policy change was announced by DA,
which waived the requirement for to have a valid physical examination,
security clearance and Army Physical Fitness Test (APFT) score to be
promoted.  Therefore, absent any evidence confirming the applicant met the
qualifications for promotion under the policy that existed in 2001 and
2002, there is an insufficient evidentiary basis to grant the requested
relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WDP__  __MJF __  __SJS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006828                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |102.07000                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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