PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           29 August 2000
	DOCKET NUMBER:   AR2000037171

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 rank (DOR) for major be adjusted to 19 May 1999.

3.  The applicant states, in effect, that the Reserve Officer Personnel Management Act (ROPMA) requires that an officer recommended for promotion by a selection board while in or above the promotion zone be promoted no later than the date of his/her maximum time-in-grade (TIG) for his/her present grade.

4.  The applicant’s military records show that he is a major in the Active Guard Reserve (AGR) program and has been serving in a major's billet since 31 March 1999.  Based on his DOR to captain, his original promotion eligibility date to major was 19 May 1999, the date he completed 7 years TIG as a captain.

5.  The applicant was selected for promotion to major by the 2 March 1999 Reserve Component Selection Board (RCSB) and given a DOR to major of 3 January 2000, the date the President approved the promotion board.  A promotion memorandum, dated 14 January 2000, was also issued establishing the effective date of his promotion as 3 January 2000.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Promotion and Notification Branch, Office of Promotions, Reserve Components, TAPC, which recommends adjusting the applicant's DOR to major to 19 May 1999.

7.  Army Regulation 135-155 prescribes the policy and procedures used in selection and promotion of commissioned officers of the Army National Guard as well as commissioned and warrant officers of the USAR.  It states, in pertinent part, that an officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed.  Promotion consideration to the rank of major requires 7 years TIG as a captain.  In order to be promoted, a selected officer must be serving in a position requiring the higher rank.

CONCLUSIONS:

1.  The applicant is entitled to correction of his DOR for promotion to major to 19 May 1999, his promotion eligibility date to major. 

2.  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, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to major effective 3 January 2000, with a DOR of 19 May 1999.

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

BOARD VOTE:  

__jdm___  __ra____  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     ___John D. Miller___
		        CHAIRPERSON

INDEX

CASE ID	AR2000037171	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	131.0500	
2.		
3.		
4.		
5.		
6.