PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000042547

	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. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		Member	

	The applicants and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Applications for Correction of Military Records
	Exhibit B - Promotion Qualification Statements

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 adjustment of his date of rank (DOR) for captain to 25 June 1997.

3.  The applicant states, in effect, that his DOR should be adjusted to a date that reflects a maximum of 7 combined years service as a lieutenant.  He submits documents on his own behalf, including a statement from his superior, in support of his request.

4.  He was appointed on 3 August 1990 and promoted to first lieutenant (1LT) on 2 August 1993.  His promotion eligibility date for captain was 1 August 1997 and he was eligible for promotion consideration by the November 1996 promotion board.  

5.  He was assigned to a captain position effective 15 April 1994.

6.  The applicant was considered and not selected for promotion to captain by the 1997 Reserve Components Selection Board (RCSB’s).  He was considered and selected for promotion to captain by the 1998 RCSB.  

7.  The applicant’s records contained material error when reviewed by the 1997 RCSB.  The promotion board did not review his civilian education.

8.  Based on the material error in his records he was reconsidered for promotion to captain by a special selection board under 1997 criteria.  He was selected and his DOR for captain was adjusted from 1 April 1999 to 25 June 1998.

9.  The applicant completed the required military and civilian education for promotion prior to being promoted to captain and prior to his promotion eligibility date, the date he completed the required maximum years of service in grade (MYIG) for promotion purposes.  The required position vacancy, active status, medical qualification, and security clearance have been verified, as noted by appropriate commanders and/or personnel managers on the Promotion Qualification Statement provided with the application.

10.  The Reserve Officer Personnel Management Act (ROPMA) was enacted effective 1 October 1996.  Among many other things, it required that second lieutenants (2LT’s) serve a MYIG of 2 years before promotion to 1LT, and 1LT’s serve a MYIG of 5 years before promotion to captain.  The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as

a 2LT and 4 years as a 1LT before promotion to captain.  It also provides for early promotion upon approval of the promotion board results when in a higher graded position.

11.  The ROPMA promotion boards for captains were administratively delayed.  The Presidential approvals of the results of the pertinent promotion boards were also administratively delayed.  Based on normal processing, they should have been convened earlier and approved approximately 75 days after the respective convening dates.  The November 1996 board should have been approved on 1 February 1997.

12.  On 5 September 2000, an official from the Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) advised a staff member of the Board that an officer selected by a special selection board is eligible for Phase 1 consideration under the 1LT to captain adjusted date of rank program under the following conditions:  the Army policy delayed the office’s first-time mandatory consideration by the November 1996 board until the November 1997 board; the officer failed selection by the November 1997 board; the officer was selected by the November 1998 board; and a special selection board convened under the November 1997 board criteria selected the officer.

13.  Current promotion policy also requires completion of the necessary military education (officer basic course), civilian education (baccalaureate degree), and verification of assignment to a captain position as appropriate.

CONCLUSIONS:

1.  The ROPMA provisions enacted on 1 October 1996 were not intended to change the statutory requirement then in effect, requiring an individual to serve 7 years, combined, in the ranks of 2LT and 1LT before being promoted to captain.

2.  The Board notes the applicant is otherwise qualified for promotion to captain with an adjusted DOR, as determined by the evidence of record and has met all other prerequisites for promotion on 1 February 1997.  He was in a captain position upon the constructed approval date of the promotion board results and was eligible for an advanced promotion on that date.

3.  In view of the facts and circumstances surrounding this matter, and as far as the Department of the Army is concerned, the interest of justice would best be served by now correcting the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records of the individual concerned be corrected by showing he was promoted to captain with an adjusted DOR of 1 February 1997 and entitled to the pay and allowances in the higher grade on that date.

BOARD VOTE:  

__jp___  __bl___  __ot___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Jennifer L. Prater____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042547	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
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.