PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  18 July 2000
	DOCKET NUMBER:  AR2000036492

	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. George D. Paxson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Ms. Elizabeth Buchanon		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 her effective date of rank for major be adjusted to 5 August 1999.

3.  The applicant states that the Reserve Officer Personnel Management Act (ROPMA) requires that an officer recommended for promotion by a selection board the first time the officer is considered while in or above the promotion zone be promoted no later than their maximum time in grade for their present grade.  Her current and previous positions are major slots.  She submits a copy of her promotion memorandums for captain and major in support of her request.

4.  The applicant’s military records show that she was appointed in the Reserve, Signal Corps as a second lieutenant effective 8 August 1985.

5.  She was promoted to first lieutenant effective 7 August 1988 and captain effective 6 August 1992.  Based on the required 7 years time in grade her promotion eligibility date for major was 5 August 1999.

6.  She was assigned to a major position effective 15 August 1999.

7.  She was considered and selected for promotion to major by the 1999 Reserve Components Selection Board.  The President approved the board on 3 January 2000.

8.  A promotion memorandum dated 14 January 2000 was issued to her giving her 3 January 2000 as her effective date and date of rank to major. 

9.  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.  Under ROPMA, the maximum time in grade for a Reserve captain in order to be eligible for promotion to major is 7 years and that an officer selected the first time for promotion to the next higher grade will be promoted on or before the date that he/she completes the maximum service.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade.

CONCLUSIONS:

1.  The applicant is entitled to correction of her date of rank for promotion to major to 15 August 1999, the date she was assigned to a higher-graded position.

2.  The effective date of her promotion should remain as 3 January 2000, the date approved by the President.

3.  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 3 January 2000, with a date of rank of 15 August 1999.

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

BOARD VOTE:  

__gp___  ___mt___  ___eb____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2000036492	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.