MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  13 February 2001
	DOCKET NUMBER:  AR2000042103

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Shirley Powell		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:  Correction to his date of rank for major to 19 May 1999.

APPLICANT STATES:  In effect, that his request is based on his promotion eligibility date of 19 May 1999 and occupation of assignment to grade of 0-4 prior to that date.  Due to administrative results the major board convened on 2 March 1999 was not released until January 2000.  He submits a copy of his notification of promotion status and promotion memorandums in support of his request.

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

He was appointed in the Reserve from ROTC as a second lieutenant effective 6 June 1981 and separated effective 3 March 1983.

He was appointed in the District of Columbia Army National Guard (DC ARNG) as a second lieutenant effective 2 May 1987.  He was promoted to first lieutenant effective 17 May 1989.

He was promoted to captain effective 18 January 1993.  Based on the required 7 years his maximum years of service in grade (MYIG) date for major was 17 January 2000.

He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB) which convened on 2 March 1999.  The President approved the board results on 3 January 2000.

A Notification of Promotion Status dated 14 January 2000, advised him that his promotion eligibility date for this promotion was 17 January 2000, his MYIG date.

A promotion memorandum dated 29 January 2000, was issued to him giving him 3 January 2000 as his effective date and date of rank for major.

The 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 MYIG for a captain is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completed the maximum service and occupies a higher Troop program Unit (TPU) position, with approval of the President. 

ROPMA further specifies that selected IRR officers, including Individual Mobilization Augmentee officers, do not have to be in a higher grade position for promotion on their MYIG date, and may be promoted on their MYIG date.
Title 10, United States Code, chapter 1405, provides for promotion of officers selected for the first time by an RCSB at any time on or before their MYIG date, provided they occupy the higher graded TPU position, and on their MYIG provided they are assigned to the IRR or IMA.

The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that based on the 7 years time in grade his original promotion eligibility date was 17 January 2000 and his date of rank to captain was 18 January 1993.  The applicant was selected by the 1999 RCSB and received a select letter with an effective date of 17 January 2000.  The applicant was given the date of rank of 3 January 2000, the date the President approved the promotion board.  Based on these facts it was recommended his request be denied.

The opinion was forwarded to the applicant for rebuttal on 17 August 2000.  He did not respond.

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

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank for major to 19 May 1999 as he has requested.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions that he was not promoted based on his MYIG date and occupation of a higher graded position; however, the applicant’s MYIG date for major was 17 January 2000 and while he has stated otherwise, he has not shown he occupied a higher graded TPU position at that time.  He was properly considered in 1999 and his effective date of promotion and date of rank for major was established as 3 January 2000 (sic), the date the President approved the board, and prior to his MYIG.

3.  The Board further notes that the applicant’s effective date of promotion and date of rank for major has been established as 3 January 2000, a date earlier than his  MYIG date.

4.  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 evidence that would satisfy this requirement.

5.  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

__jh___  ___ho_____  ___sp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042103	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010213	
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.