RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060014539 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 Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. John T. Meixell Chairperson Mr. Thomas M. Ray Member Ms. Rea M. Nuppenau 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 his date of rank to first lieutenant be back dated to 18 May 2004, and that he receive immediate consideration for promotion to captain based on this corrected date of rank. 2. The applicant states that he was in the Early Commissioning Program (ECP) and eligible for promotion to first lieutenant after 2 years. 3. The applicant provides a copy of his ECP contract. CONSIDERATION OF EVIDENCE: 1. On 18 May 2002, the applicant was appointed as a second lieutenant in accordance with the ECP as a Reserve Commissioned Officer of the Army. He completed his Oath of Office at the same time and was assigned for duty in the United States Army Reserve. 2. On 13 April 2005, the applicant was notified of his non-selection for promotion to first lieutenant based on not completing the educational requirement. 3. Orders B-09-505852, United States Army Human Resources Command, dated 8 September 2005, promoted the applicant to first lieutenant with an effective date and a date of rank of 20 July 2005. 4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, United States AHRC, located at 1 Reserve Way, St. Louis, Missouri. It opined that the applicant was appointed a second lieutenant on 18 May 2002 in the ECP. Under the ECP, education is waived for 3 years. The time in grade from second lieutenant to first lieutenant is two years. For unknown reasons, the applicant was not considered for promotion to first lieutenant a year earlier. The Chief, Special Actions Branch, further stated that he could correct this error if so directed by the Board. 5. Army Regulation 135-155 (Officer Promotions) provides, in pertinent part, that for promotion consideration from first lieutenant to captain, the minimum time in grade is 2 years (unit vacancy) and the maximum time in grade is 5 years (mandatory). There is no longer a time in service requirement. DISCUSSION AND CONCLUSIONS: 1. The evidence of record and the advisory opinion clearly and convincingly show that the applicant was eligible for promotion to first lieutenant effective 18 May 2004. 2. For unknown reasons, the applicant was not properly considered for promotion to first lieutenant in accordance with his ECP. He also was incorrectly denied promotion to first lieutenant based on an education requirement that did not apply to the ECP. 3. In view of the above, the applicant's date of rank to first lieutenant should be adjusted to 18 May 2004. 4. There is insufficient evidence available to determine the applicant's eligibility for promotion consideration to captain. Therefore, his request for immediate consideration for promotion to captain should not be granted. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __RMN___ __TMR _ __JTM __ 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 adjusting his date of rank to first lieutenant to 18 May 2004. 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 immediate consideration by a special selection board for promotion consideration to captain. _ John T. Meixell_______ CHAIRPERSON INDEX CASE ID AR20060014539 SUFFIX RECON DATE BOARDED 20070417 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT PARTIAL REVIEW AUTHORITY ISSUES 1. 131.0500 2. 3. 4. 5. 6.