PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 November 2000
	DOCKET NUMBER:  AR2000040362

	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 correction to his date of rank for major from 3 January 2000 to 19 May 1999, based on his promotion eligibility date and an assignment to a duty position in the grade of major.

3.  The applicant states that due to administrative delays, results of the 2 March 1999 board were not released until January 2000.  This delay caused a negative impact on those officers considered under this board.  He submits copies of his promotion memorandum dated 14 January 2000, Notification of Promotion Status memorandum dated the same date, assignment orders and his officer record brief in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve from ROTC as a second lieutenant effective 21 July 1985.

5.  He was promoted to first lieutenant effective 23 July 1988 and captain effective 1 October 1992, with a date of rank of 22 July 1992.  His maximum years of service in grade (MYIG) date for promotion to major was 21 July 1999.

6.  He was assigned to a major’s position effective 8 February 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.  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.

8.  A Notification of Promotion Status dated 14 January 2000, advised him that his promotion eligibility date for this promotion was 21 July 1999, his MYIG date.

9.  A Promotion Memorandum dated 14 January 2000, showed his promotion to major effective 3 January 2000.

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 in order to be eligible for promotion to major the maximum time in grade for a captain 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 and occupies the higher position, with approval of the President.  ROPMA further specifies that selected Individual Ready Reserve officers, including Individual Mobilization Augmentee officers, do not have to be in a higher grade position for promotion on their MYIG date.

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

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date of rank for major to 15 June 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.  Had the delay not occurred, the applicant would have been promoted with a date of rank of 15 June 1999, a date prior to his maximum time in grade date of 21 July 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 15 June 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:

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 15 June 1999.

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

BOARD VOTE:  

__js___  ___tl___  __ca_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040362	
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.