PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 November 2000
	DOCKET NUMBER:  AR200040183

	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 N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Celia L. Adolphi		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, in effect, correction to his date of rank for major to 30 August 1999. 

3.  The applicant states the release date of the major promotion board was delayed an inordinate amount of time.  He was assigned to an official major’s position on 30 August 1999 and he feels his date of rank should be backdated to reflect such a date.  If not backdated, this will delay his consideration for promotion to lieutenant colonel.  He submits a copy of his Promotion and Notification of Promotion Status memorandums for major, assignment orders, and a Full Time Support Management Information System form in support of his request. 

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 20 December 1985.

5.  He was promoted to first lieutenant effective 19 December 1988 and captain effective 18 December 1992.

6.  He was assigned to a major’s position effective 30 August 1999.

7.  Based on the required 7 years time in grade his maximum years of service in grade (MYIG) date for promotion to major was 17 December 1999.

8.  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.  Providing a 3 ½ month approximate period of time for promotion board proceeding preparation and processing, it may have been approved on or about 15 June 1999.

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 for major.  A Notification of Promotion Status memorandum, dated 14 January 2000, was issued to him indicating a promotion date of 17 December 1999.

10.  The Reserve Officer Personnel Management Act (ROPMA), 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 completed his maximum service.  ROPMA further specifies that the officers must be serving in a position requiring the higher grade for promotion, unless assigned to the Individual Ready Reserve.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date of rank for major to 30 August 1999, the date he was assigned to a higher grade position.  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.  Had the delay not occurred, the applicant would have been promoted with a date of rank of 30 August 1999, a date prior to his MYIG date of 17 December 1999, and as provided for by U.S. Code.  He was eligible for promotion in advance of his MYIG date, with a date of rank of 30 August 1999 based on the RCSB selection and his occupation of a higher graded position at the time.

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 30 August 1999.

BOARD VOTE:  

___js___  __tl_____  __ca____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040183	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001130	
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.