PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  21 September 2000
	DOCKET NUMBER:  AR2000040727

	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:

	Ms. JoAnn Langston		Chairperson	
	Mr. Eric N. Anderson		Member	
	Mr. Curtis L. Greenway		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, his date of rank for major be corrected to 10 June 1999. 

3.  The applicant states that the results of the 1999 major selection board were not released until January 2000.  He states he is an Individual Mobilization Augmentee (IMA) officer and his promotion should have been backdated to the time he was eligible.  He submits a copy of his Notification of Promotion Status and Promotion memorandums in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve, Signal Corps, as a second lieutenant effective 19 March 1985.

5.  He attained the rank of captain effective 11 June 1992.  Based on the required 7 years time in grade his maximum years in grade (MYIG) date for promotion to major was 10 June 1999.

6.  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 delayed.  Providing a 2 ½ month approximate period of time for promotion board proceeding preparation and processing, it should have been approved on or about 16 May 1999.

7.  A promotion memorandum dated 27 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 10 June 1999.

8.  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 are required to be serving in a higher grade position for promotion, unless assigned to the IMA.

9.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant does not have a basis to have his date of rank changed from 3 January 2000 to 10 June 1999.  Based on the 7 years in grade the applicant was selected for promotion to major by the 1999 RCSB with a promotion eligibility date of 10 June 1999.  He was subsequently promoted on orders dated 27 January 2000, with a date of rank of 

3 January 2000.  Under ROPMA an officer’s date of rank will be the approval date of the board which selected him for promotion.  The 1999 selection board was approved on 3 January 2000; therefore, 3 January 2000 is the applicant’s date of rank.  In view of the facts presented, it was recommended that the applicant’s request be disapproved.

10.  The opinion was forwarded to the applicant on 29 June 2000.  In his rebuttal dated 6 July 2000, the applicant states that his complaint is the board took way to long to publish the results, the board convened in March, was 30 days; therefore, the results of the board should have been published in the June timeframe.  This delay was no way to treat the soldier.

CONCLUSIONS:

1.  Notwithstanding the opinion from the Office of Reserve Promotions, the applicant is entitled to adjustment to his date of rank for major to 10 June 1999.

2.  The Board concludes that the Presidential approval should have occurred on 16 May 1999, and had there not been a delay in the promotion process the applicant would have been promoted on his MYIG date of 10 June 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 10 June 1999.

BOARD VOTE:  

__jl____  __ea____  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__JoAnn Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040727	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000921	
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.