MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 June 2000
	DOCKET NUMBER:   AR2000040221

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that her date of rank (DOR) be changed from 3 January 2000 to 22 July 1999.

APPLICANT STATES:  In effect, that her DOR should be changed as requested due to the delay of the 1999 Reserve Component (RC) Major (MAJ) promotion board results.

EVIDENCE OF RECORD:  The applicant's military records show:

On 24 July 1985, the applicant was appointed a 2nd lieutenant in the USAR.  On 6 June 1997, she entered onto her current period of active duty in an Active Guard/Reserve (AGR) status.  She is still currently serving in that status and is assigned to the 65th Regional Support Command (RSC) at Fort Buchanan, Puerto Rico.  

The applicant’s DOR to captain was 6 June 1995, which placed her in the zone of consideration for the 1999 RC MAJ Army Promotion List (APL) promotion selection board.  This board convened on 2 March 1999, to consider all eligible RC captains (CPT) for selection for promotion to MAJ, and adjourned on 2 April 99.  The applicant’s name was included in this board’s report, which contained the names of all those RC CPTs selected for promotion by the board.  

On 3 January 2000, the promotion board record was signed and approved by the President and this list was published on 14 January 2000.  The applicant was promoted to MAJ with a DOR and effective date of 3 January 2000.

The Reserve Officer Personnel Management Act (ROPMA) was enacted into law by the Congress and signed into law by the President on 5 October 1994 as Title XVI of the National Defense Authorization Act for Fiscal Year 1995, and became fully effective on 1 October 1996.  The primary objectives of ROPMA were to update and consolidate those laws governing officers; to achieve uniformity and compatibility with the management practices applied to active component officers; and to govern all aspects of the personnel management of RC officers. 

Promotion procedures were significantly changed by ROPMA.  The procedural changes that pertain to how RC officers were promoted were codified in Title 10, United States Code, section 14308 (10 USC 14308).  This provision of the law states, in pertinent part,  that upon approval by the President of a promotion board report, the report becomes a promotion list and officers are placed on the list in order of seniority.  It also indicates that the President’s approval establishes the public release date for the list and is the earliest possible effective date of promotion for officers on that list, unless the officer is eligible under some other provision of the law.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  After carefully examining the evidence of record and the independent evidence submitted by the applicant, the Board concluded relief is not warranted in this case.  

2.  The record clearly shows that the applicant was promoted to MAJ on 
3 January 2000.  By law, this was the earliest date anyone whose name was on the 1999 RC MAJ promotion board report could have been promoted.  This is based on the fact that this was the date the President signed the promotion report and it became a valid approved promotion list.  Therefore, because the same standards and provisions of law were applied to all the officers contained on this promotion list, the Board found no basis to grant the relief requested by the applicant.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mvt__  ___owt__  __kan___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040221	
SUFFIX		
RECON		
DATE BOARDED	2000/06/15	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A 	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.		
3.		
4.		
5.		
6.