PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  31 October 2000
	DOCKET NUMBER:  AR2000039243

	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. Elzey J. Arledge		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Allen L. Raub		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 for major be adjusted to 15 August 1999.

3.  The applicant states that he met the mandatory years in the lower grade at the time of his selection and his records show he reached his maximum time in grade as of 14 August 1999.  He submits copies of his promotion to captain dated 15 August 1992 and promotion to major dated 3 January 2000 in support of his request.

4.  The applicant’s military records show that was serving in the Reserve and was promoted to captain effective 28 August 1992 with a date of rank of 15 August 1992.

5.  He was assigned to a major position effective 2 January 1998.

6.  Based on the required 7 years time in grade his maximum years in grade (MYIG) date for promotion to major was 14 August 1999.

7.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB) that convened on 2 March 1999.  The President approved the results of the board on 3 January 2000.  The approval was administratively delayed.  Based on normal processing, it should have been approved on or about 16 May 1999, approximately 75 days after the convening date.

8.  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.  A Notification of Promotion Status memorandum, dated 14 January 2000, was issued to him indicating a promotion date of 14 August 1999.

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.  Under ROPMA, the MYIG 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 may be promoted on or before the date that he/she completes the maximum service. ROPMA further specifies that selected Individual Ready Reserve (IRR) officers do not have to be in a higher grade position at the time of promotion on their maximum time in grade date, and that other than IRR officers must occupy the higher position for promotion or transfer to an IRR status.

10.  Title 10, United States Code, chapter 1405, provides for promotion of officers selected by an RCSB at any time on or before their MYIG date.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date of rank for major to 16 May 1999.  He was eligible for promotion in advance of his MYIG date based on the first-time RCSB selection and his occupation of a higher graded position at the time.

2.  The Board concludes that had there not been an administrative delay in the promotion process, the board’s approval should have occurred on or about 16 May 1999, and the applicant would have been promoted with a date of rank prior to his MYIG date of 14 August 1999, as provided for by U.S. Code. 

3.  Notwithstanding the delay, the effective date of his promotion should remain as 3 January 2000, the date the President actually approved the board and as shown on the promotion memorandum.

4.  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 16 May 1999.

BOARD VOTE:  

__ea___  __bh____  __ar____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Elzey J. Arledge___
		        CHAIRPERSON

INDEX

CASE ID	AR2000039243	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001031	
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.