PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  20 July 2000
	DOCKET NUMBER:  AR2000037002

	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. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Ms. Ann M. Campbell		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 his date of promotion to major be adjusted to 19 May 1999.

3.  The applicant states that he spent 3 years as a second lieutenant, 4 years as a first lieutenant and over seven years as a captain.  He completed his maximum time in grade on 19 May 1999, and believes that his promotion date for major should at least correspond with his maximum time in grade date.  He submits his notification of promotion status and his memorandum of promotion in support of his application.

4.  The applicant’s military records show that he was appointed in the Reserve effective 15 June 1985 as a second lieutenant.

5.  He was promoted to first lieutenant effective 26 May 1988 and promoted to captain effective 20 May 1992.

6.  He is assigned to the Reserve Control Group (Individual Mobilization Augmentation) and a vacancy is not required for this promotion.  

7.  His promotion eligibility date for major was 19 May 1999, based on the required 7 years time in the lower grade.

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

9.  A promotion memorandum dated 14 January 2000 was issued to him giving him 3 January 2000 as his effective date and date of rank to major.  Another promotion memorandum, dated 14 January 2000, was issued to him giving him a promotion eligibility date of 19 May 1999.

10.  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.  ROPMA provides that 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 for 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 selected Individual Ready Reserve officers do not have to be in a higher grade position at the time of promotion on their maximum time in grade date.

CONCLUSIONS:

1.  The applicant is entitled to correction of his date of rank for promotion to major to 19 May 1999, the date he completed his maximum time in grade.

2.  His date of rank should be based upon completion of the required 7 years time in the lower grade.  The effective date of his 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:

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 19 May 1999. 

BOARD VOTE:  

__sc___  ___kw___  ___ac____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037002	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
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.	131.000	
2.		
3.		
4.		
5.		
6.