PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  29 August 2000
	DOCKET NUMBER:  AR2000039048

	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. John D. Miller		Chairperson	
	Mr. Charles Gainer		Member	
	Mr. Roger W. Able		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 for promotion to major be adjusted to 3 October 1999 or earlier.

3.  The applicant states that the release date of the major promotion board was delayed and according to Title 10, U.S.C., Section 14304, an officer holding a permanent grade shall be promoted, without regard to existence of a vacancy, on the date which the officer completes the maximum years of service in grade.  She submits copies of her Notification of Promotion Status dated 14 January 2000, Promotion Orders to Major dated 14 January 2000, Assignment Orders dated 2 July 1998, report showing effective assignment to major position dated 26 October 1998 and promotion orders to captain dated 2 June 1992 in support of her request.

4.  The applicant’s military records show that she was appointed in the Reserve from ROTC as a second lieutenant effective 10 May 1985.

5.  She was promoted to first lieutenant effective 21 May 1988 and to captain effective 20 May 1992.

6.  She was assigned to a major’s position 13 October 1998.  There is no record of an early promotion recommendation based on position vacancy.

7.  Based on the required 7 years time in grade for promotion to major, her maximum time in grade date was 19 May 1999.

8.  She was considered and selected for promotion to major by the 1999 Reserve Components Selection Board that convened on 3 March 1999.  The President approved the results of the board on 3 January 2000.

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

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 with approval of the President.  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 her date of rank for promotion to major to 19 May 1999, the date she completed her maximum time in grade.  Her date of rank should be based upon completion of the required 7 years time in the lower grade.

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

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 19 May 1999. 

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

.BOARD VOTE:  

__jm___  ___cg__  __ra___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John D. Miller___
		        CHAIRPERSON

INDEX

CASE ID	AR2000039048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
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.