PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  29 August 2000
	DOCKET NUMBER:  AR2000040980

	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 D. Miller		Chairperson	
	Mr. Charles Gainer		Member	
	Mr. Roger W. Able		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, due to administrative delay of the 1999 promotion board.

3.  The applicant states that this delay will have a negative impact on those officers considered under this board which reviewed captains with a date of rank of 16 May 1993 or earlier.  He submits a copy of his promotion memorandum dated 14 January 2000, assignment orders dated 9 June 1998 and his unit manning report dated 28 September 1998 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 11 May 1985.

5.  He was accepted in the Active Guard/Reserve program and promoted to first lieutenant effective 21 May 1988 and captain effective 20 May 1992.  His maximum time in grade date for promotion eligibility for major was 19 May 1999, based upon completion of 7 years in the lower grade.

6.  He was assigned to a major’s position effective 3 August 1998.

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.

8.  A Notification of Promotion Status dated 14 January 2000, advised him that his promotion eligibility date for this promotion was 19 May 1999.

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

CONCLUSIONS:

1.  The applicant is entitled to correction of his date of rank for promotion to major to 19 May 1999, the date he completed his maximum time in grade.  His date of rank should be based upon completion of the required 7 years time in the lower grade.

2.  The effective date of his promotion should remain as 3 January 2000, the date the President approved the board.

3.  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 19 May 1999. 

BOARD VOTE:  

__jm___  __cg___  __ra___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John D. Miller__
		        CHAIRPERSON

INDEX

CASE ID	AR2000040980	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
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.