PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  10 August 2000
	DOCKET NUMBER:  AR2000035152

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. John Saputo		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 adjustment to his date of rank for captain and retroactive pay.

3.  The applicant states that despite the fact that he met all the requirements for promotion, he was penalized due to the extensive delay by the DA Selection Board to release the Fiscal 1997 Army Promotion List for Captains.  He submits a copy of a promotion memorandum dated 6 September 1996, and an article from the Army Times dated 12 January 1998, and his promotion orders dated 10 September 1998 in support of his application.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant (2LT) effective 23 March 1992.  He was credited with 2 years, 10 months and 8 days constructive service credit giving him a date of rank of 15 May 1989.  

5.  He was appointed in the Kansas Army National Guard as a first lieutenant (1LT) effective 3 December 1993.

6.  Based on the required 4 years time in grade for promotion to captain, his promotion eligibility date was 2 December 1997.

7.  He was considered and selected for promotion to captain by the 1997 Reserve Components Selection Board (RCSB), which adjourned on 13 May 1997.

8.  The President approved the results of the board on 12 June 1998.

9.  The applicant was promoted to captain effective 10 September 1998.

10. The Reserve Officer Personnel Management Act (ROPMA) was enacted effective 1 October 1996.  Among many other things, it required that 2LT’s serve in grade for 2 years before promotion to 1LT, and 1LT’s serve in grade for 
5 years before promotion to captain.  Regulations in effect prior to ROPMA required 3 years as a 2LT and 4 years as a 1LT for promotion to captain.  ROPMA provisions intended for individuals to continue to serve a total of 7 years as a 2LT/1LT for promotion to captain.

11. On 3 December 1997, the Acting Principal Deputy Assistant Secretary (Manpower and Reserve Affairs) advised an official of a private organization that pertinent Army agencies agreed that the faulty promotion policy for promotion to captain should be revised, and that actions would be initiated for this purpose.  He further stated a proposal that the Correction Board adjust dates of rank for those first-time considered and selected for promotion to captain, after having served more than 7 years as a lieutenant.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date of rank for promotion to captain to 2 December 1997, based on meeting the required 7 years of time in grade requirement.  The promotion delay was unjust in that it caused an inequity by requiring him to serve more than 7 years to qualify for promotion to captain.

2.  The Board notes the applicant is otherwise qualified for promotion to captain.

3.  The Board also notes the RCSB in this case was approved by the President on 12 June 1998, and the applicant is also entitled to a promotion effective the same date.

4.  In order to justify correction of a military record an 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 submitted evidence that satisfies this requirement.

5.  In view of the facts and circumstances surrounding this matter, and as far as the Department of the Army is concerned, the interest of justice would best be served by now correcting the records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records of the individual concerned be corrected by showing he was promoted to captain effective 12 June 1998, with appropriate pay, and with a date of rank 2 December 1997.

BOARD VOTE:  

__mm__  __kh___  __js___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mark D. Manning__
		        CHAIRPERSON

INDEX

CASE ID	AR2000035152	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.