RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 February 2006
      DOCKET NUMBER:  AR20050008556


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Janet Strafer                 |     |Member               |
|     |Ms. Naomi Henderson               |     |Member               |

      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 reconsideration of his request to adjust his
date of rank to captain to 9 May 1998.

2.  The applicant states that, while it is true he did not occupy a
captain's position until 9 November 1999, he was a member of the Individual
Ready Reserve (IRR) until March 1999 and so could have been promoted to
captain in the IRR at his maximum time in grade in May 1998.

3.  The applicant provides no additional supporting evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040005912 on 5 April 2005.

2.  The applicant was appointed a second lieutenant in the U. S. Army
Reserve (USAR), out of the Reserve Officers' Training Corps (ROTC) program,
on 10 May 1991.  He completed the Transportation Officer Basic Course on 20
November 1992.  Effective 2 June 1993, he was transferred to the IRR.
Effective 9 May 1994, he was promoted to first lieutenant.  Effective 2
March 1999, he was transferred from the IRR to a troop program unit.  He
was assigned to a captain's position effective 9 November 1999.

3.  The applicant was selected for promotion by the 2000 Reserve Components
Selection Board that convened on 13 November 2000.  The President approved
the board results on 20 March 2001.  He was promoted to captain effective
       1 September 2001.

4.  On 15 January 2002, the ABCMR, in a Reserve Officer Personnel
Management Act (ROPMA) Project, recommended adjustment of the applicant's
promotion effective date and date of rank for captain to 9 November 1999,
the date of his assignment to a captain's position.  The ABCMR based its
recommendation on the fact the ROPMA provisions enacted on 1 October 1996
were never intended to change the statutory requirement then in effect
requiring an individual to serve 7 years, combined, in the ranks of second
and first lieutenant before being promoted to captain.  The applicant,
along with several
others, was unjustly and unfairly required to serve beyond the required
maximum years of service in grade (MYIG).  Promotion policy at the time
also required completion of the necessary military education (officer basic
course), civilian education (baccalaureate degree), and verification of
assignment to a captain position as appropriate.

5.  The ABCMR, on 5 April 2005 in Docket Number AR20040005912, apparently
did not realize the applicant was in the IRR (and not in a TPU) at the time
he reached his MYIG to captain on 9 May 1998.

6.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other than General Officers) states, in pertinent part, that the
effective date and date of promotion of nonunit officers will be no earlier
than the approval date of the board, the date of Senate confirmation (if
required), or the date the officer meets maximum time in grade, whichever
is later.  The effective date and date of promotion of unit officers will
be no earlier than the approval date of the board, the date of Senate
confirmation (if required), or the date the officer is assigned to the
position, whichever is later.

DISCUSSION AND CONCLUSIONS:

1.  On 15 January 2002, the ABCMR determined that the applicant had been
unjustly and unfairly required to serve beyond the required MYIG for
promotion to captain, which he attained on 9 May 1998.  However, it appears
the ABCMR did not realize the applicant was in the IRR on his MYIG date
when it recommended his date of rank be adjusted to 9 November 1999, the
date he was assigned to a captain's position (a requirement for promotion
of a unit officer).  He did not transfer to a unit until 2 March 1999.

2.  When, on 5 April 2005, the ABCMR considered the applicant's request to
adjust his date of rank, it appears that once again the ABCMR did not
realize the applicant was in the IRR at the time he reached his MYIG to
captain on 9 May 1998.

3.  The ROPMA provisions were never intended to change the statutory
requirement then in effect requiring an individual to serve 7 years,
combined, in the ranks of second and first lieutenant before being promoted
to captain.  Since the applicant had completed the necessary military and
civilian education prior to 8 May 1998, the date he reached 7 years time in
grade as a second/first lieutenant, it would be equitable to adjust his
captain date of rank to 9 May 1998.

BOARD VOTE:

__wdp___  __js____  __nh____  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
amendment of the ABCMR’s decision in Docket Number AR20040005912 dated 5
April 2005.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by adjusting his date
of rank to captain to 9 May 1998.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008556                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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