PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:  1 March 2001
	DOCKET NUMBER:  AR2000039075

	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 H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 adjustment to his date of rank for major.

3.  The applicant states, in effect, that his date of rank for major should be adjusted from 3 January 2000 to 20 May 1999 in accordance with Title 10, United States Code, Section 14304, and his promotion to major should have been made on or before his completion of 7 years in the rank of captain. 

4.  The applicant’s military records show that he was promoted in the Reserve to captain on 12 November 1992 with a date of rank of 20 May 1992.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 19 May 1999.

5.  He was assigned to a major position effective 3 June 1996.

6.  The 1998 Reserve Components Selection Board (RCSB) considered officers in the promotion zone with dates of rank of 16 May 1992 or earlier.

7.  He was considered and selected for promotion to major by the 1999 RCSB that convened on 2 March 1999.  The President approved the board on 3 January 2000.   The processing of the board results was administratively delayed.

8.  A promotion memorandum dated 14 January 2000 was issued to him showing 3 January 2000 as his effective and date of rank for major.

9.  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.  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.  ROPMA further species that the officer must be serving in a position requiring the higher grade.

10.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation provides that individuals will receive mandatory promotion consideration prior to their promotion eligibility dates so that, if selected, they may be promoted on their future promotion eligibility dates.

11.  Title 10, United States Code, section 14304(a)(1) provides for promotion consideration within specified times and that officers shall be placed in the promotion zone for that officer’s grade competitive category, and shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in the grade specified, and if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service.

12.  Title 10, United States Code, section 14308(c)(2) states that except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.

13.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that based on the applicant’s date of rank for captain of 20 May 1992, his promotion eligibility date for major would be 19 May 1999 based on the 7 years time in grade.  This is the promotion eligibility date that he had when he was selected for major by the 1999 RCSB.  However, based on the ROPMA, the earliest date this office can give for a date of rank to major is 3 January 2000, which is the date the President approved the board.  The officer is currently in the Active Guard Reserve Program and was assigned to a higher graded position (major) effective 3 June 1996.  It is recommended that his promotion letter be corrected to 19 May 1999, his original promotion eligibility date.

14.  The opinion was forwarded to the applicant for rebuttal on 11 January 2001 and he concurred with the opinion is his case.

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.  His date of rank should be based upon completion of the required 7 years time in the lower grade.

2.  The processing of the promotion board results were administratively delayed through no fault of the applicant, and he should not be penalized for the delay.

3.  Notwithstanding the delay, the effective date of his promotion should remain as 3 January 2000, the date the President approved the board.

4.  The applicant is not entitled to back pay and allowances.  Title 10, USC does not authorize pay and allowances when an officer’s date of rank is adjusted to a date earlier than the officer’s actual date of promotion.

5.  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:  

__jk___  ___cg___  __rd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John H. Kern___
		        CHAIRPERSON

INDEX

CASE ID	AR2000039075	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
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.