MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 December 2000
	DOCKET NUMBER:  AR2000036361

	I certify that hereinafter is recorded the record of consideration 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. Fred N. Eichorn		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Lana E. McGlynn		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Adjustment of his date of rank for major to 30 November 1997.

APPLICANT STATES:  A promotion letter dated 6 June 1997 was issued to him while he was a member of the Individual Ready Reserve (IRR).  Before he received the letter he joined a troop program unit (TPU) in a captain’s position.  He was promoted to major 22 October 1998 and he reached his maximum years of service in grade (MYIG) on 30 November 1997.  He submits a summary memorandum dated 11 January 2000, copies of his promotion status memorandum dated 6 June 1997, reassignment orders dated 30 September 1997 and promotion memorandum dated 15 December 1998, in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information herein was obtained from the Army Reserve Personnel Command and documentation submitted by the applicant that show:

He was promoted to captain 1 December 1990.  Based on the required 7 years time in grade his MYIG date for major was 30 November 1997.  

He was considered and selected for promotion to major by the 1997 Reserve Components Selection Board.  

A Notification of Promotion Status memorandum dated 6 June 1997 was forwarded to the applicant advising him of his selection with a date of rank of 30 November 1997.

On 30 September 1997 he was assigned to a TPU in a captain’s position.

He was assigned to a major’s position effective 22 October 1998.

A promotion memorandum dated 15 December 1998 was issued to him showing his date of rank and effective date for major as 22 October 1998.

The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers.  The law became effective 1 October 1996.  The ROPMA provides that in order to be eligible for promotion to major the MYIG for a captain is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completed the maximum service and occupies the higher position, with approval of the President. 

The ROPMA further specifies that selected IRR officers, including Individual Mobilization Augmentee officers, do not have to be in a higher grade position for promotion on their MYIG date.

Title 10, United States Code, chapter 1405, provides for promotion of TPU officers selected for the first time by an RCSB at any time on or before their MYIG date providing they occupy the higher grade position.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant transferred to a TPU prior to being promoted by them and was subsequently promoted by the Reserve Command on orders dated 15 December 1998.  In view of the facts presented, it was recommended the applicant’s request be forwarded to that command for action.

An official of the Army Reserve Personnel Command, Military Personnel Actions Branch, expressed the opinion that a promotion list does not exist until the President approves the board’s recommendations.  Further, IAW Title 10, USC, Chapter 1405, the effective date and date of rank of promotion will be the date the officer is assigned to the higher grade position providing he/she meets all other qualifications for promotion.  The President approved the 1997 major promotion board on 27 August 1997 and the applicant was not assigned to a higher-grade position until 22 October 1998, subsequent to the date the 1997 board was approved.  His date of rank and effective date of promotion were appropriately determined to be 22 October 1998.

The opinion was forwarded to the applicant for rebuttal on 4 October 2000.  He did not respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment of his date of rank for major to 30 November 1997.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that he reached the MYIG date on 30 November 1997.  However, prior to his promotion becoming effective he was assigned to a TPU in a captain’s position.  His date of rank for major was correctly established as 22 October 1998, the date he was assigned to a major’s position in the TPU. 

3.  In order to justify correction of a military record the 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 failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fe___  ___ho___  __lm______  DENY APPLICATION

		       Carl W. S. Chun
	                                        Director, Army Board for Correction
	                                                      of Military Records

INDEX

CASE ID	AR2000036361	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
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.