PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 January 1999                  
	DOCKET NUMBER:   AC98-07792

	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. Loren G. Harrell		Director	
	Ms. Stephanie Thompkins .		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the effective date of her promotion to major be changed to 31 August 1996.

3.  The applicant states that her promotion letter lists the effective date as 14 January 1998.  This is an error because she had 7 years time in grade as a captain on 31 August 1996, which is prior to the Reserve Officer Personnel Management Act (ROPMA) and the promotion date should reflect the effective date from the prior system.

4.  The applicant’s military records show that she was appointed the Regular Army from ROTC, Trinity University in the rank of second lieutenant effective 11 May 1985.  She was promoted to first lieutenant on 22 November 1986 and captain on 1 September 1989.  She was released from active duty on 1 April 1996.

5.  She was not considered by the 1996 Reserve Components Selection Board (RCSB), which convened on 12 March 1996.  She was in the Regular Army at the time.

6.  She was considered and selected for promotion to major by the 1997 RCSB, which convened on 11 March 1997.  Her promotion effective date was 14 January 1998.

7.  She was assigned to a major position on 12 November 1997.

8.  The provisions of ROPMA became effective 1 October 1996.

9.  An Office of The Judge Advocate General (OTJAG) legal opinion has been issued that states if officers are promoted after the date they met maximum time in grade and have not been previously nonselected, they may petition the Army Board for Correction of Military Records for an adjustment in their date of rank.

10.  The Chief, Promotion and Notifications Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that the applicant is no longer eligible for her original date of rank of 31 August 1996, since she was on active duty prior to that time.  The applicant is presently in a unit and her position became effective 12 November 1997.  He recommended that her date of rank can be corrected to 12 November 1997.

CONCLUSIONS:

1.  The applicant is entitled to correction of her effective date for promotion to major to 12 November 1997, with a date of rank of 31 August 1996.

2.  As the evidence shows, she was considered for major by the 1997 RCSB, since this was the earliest board she was eligible for consideration.  She was still on active duty on the convening date of the 1996 RCSB.

3.  The effective date of her promotion should be 12 November 1997, based upon her assignment to a position of major.  Her date of rank, however, should be 31 August 1996, based upon completion of the required 7 years time in the lower grade and 6 years of promotion service.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major effective 12 November 1997, with a date of rank of 31 August 1996.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON