RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 12, 2004                   
	DOCKET NUMBER:   AR2003089359

	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	
	Mr. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Robert J. Osborn		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 date of rank (DOR) for promotion to the rank of colonel be adjusted to 1 May 2002.

2.  The applicant states, in effect, that she was non-selected for promotion to the rank of colonel in 2001 and was subsequently granted promotion reconsideration by a special selection board (STAB).  She goes on to state that she was selected for promotion by the STAB and was promoted to the rank of colonel with a DOR of 7 October 2002; however, her peers were promoted to the rank of colonel on 1 May 2002 and she would have been promoted with them had an administrative error not occurred which caused her to have to be reconsidered by a STAB.

3.  The applicant provides copies of her promotion notification memorandums.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was commissioned as a United States Army Reserve (USAR) first lieutenant on 22 August 1979.  She was promoted to the rank of lieutenant colonel on 27 March 1997.

2.  On 3 September 2002, the Total Army Personnel Command (PERSCOM) notified the applicant, who was serving in an Active Guard Reserve (AGR) status at the time, that a Department of the Army STAB which convened on 1 April 2002, had recommended her for promotion to the rank of colonel under the criteria established for the 2001 colonel promotions selection board.

3.  On 4 October 2002, the PERSCOM published the applicant's promotion memorandum promoting her to the rank of colonel effective 7 October 2002.

4.  In the processing of this case a staff advisory opinion was obtained from the PERSCOM Office of Promotions, Reserve Components, which opined, in effect, that the applicant's DOR should be 26 March 2002, the date she attained the maximum time in grade (TIG) and that her effective date should be 7 October 2002, the date she was assigned to the higher grade position.  The advisory opinion was forwarded to the applicant for comment and to date no response has been received by the staff of the Board.

5.  Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the Army Reserve and Army National Guard.  It provides, in pertinent part, that the promotion of an AGR officer who is selected for promotion by a special board will be the same as if he/she had been recommended for promotion by the mandatory board.  The officer's DOR will be the date he/she attains the maximum TIG or the date on which assigned to a higher grade position, whichever, is earlier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant attained the maximum TIG on her promotion eligibility date of 26 March 2002 and was assigned to a higher-grade position on 7 October 2002.  

2.  Accordingly, her DOR for promotion to the rank of colonel should be corrected to reflect 26 March 2002, vice 7 October 2002, and an effective date of 7 October 2002.

BOARD VOTE:

Jl    _____  rjo______  le ______  GRANT 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 changing her DOR to 26 March 2002, with an (unchanged) effective date of 7 October 2002.

		_____Joann Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089359	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  131.0500	315/DOR	
2.		
3.		
4.		
5.		
6.