PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  1 February 2001
	DOCKET NUMBER:  AR2000042991

	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. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. James E. Anderholm		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 lieutenant colonel (LTC) to 26 January 2000.

3.  The applicant states, in effect, that the maximum time in grade for promotion from major to LTC is 7 years.  He was promoted to LTC effective 12 April 2000 after serving 7 years, 2 months and 17 days time in grade for major.  He submits a copy of his promotion order for major dated 5 January 1993 and promotion order for LTC dated 9 May 2000 in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 13 March 1981.  He attained the grade of major effective 27 January 1993.

5.  He was assigned to a LTC’s position effective 31 May 1999.

6.  Based on the required 7 years time in grade of promotion to LTC his maximum years of service in grade (MYIG) date for promotion to LTC was 26 January 2000.

7.  He was considered and selected for promotion to LTC by the 1999 Reserve Components Selection Board (RCSB) which convened on 8 September 1999.  The President approved the results of the board on 12 April 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 1 January 2000.

8.  A promotion memorandum dated 9 May 2000, showed he was promoted to LTC effective 12 April 2000.

9.  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 LTC the MYIG for a major 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 the higher position, with approval of the President. 

10.  The ROPMA further specifies that the officer must be serving in a position requiring the higher grade for promotion, unless assigned to the Individual Ready Reserve, including Individual Mobilization Augmentee officers.

11.  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 maximum time in grade date, providing they are in the higher graded position.
12.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was promoted to major on 27 January 1993 and promotion to LTC required 7 years time in grade; therefore, his MYIG date was 26 January 2000.  Under ROPMA, an officer cannot be promoted until the President of the United States has approved the board.  The board was approved on 12 April 2000 and the results were released on 9 May 2000.  Officer Management Division verified that the applicant went into the position requiring the higher grade on 31 May 1999.  He was issued a promotion memorandum on 9 May 2000, with a date of rank of 12 April 2000 since this was the day the President approved the board.  It was recommended his request he denied.

13.  The opinion was forwarded to the applicant on 21 September 2000.  In his rebuttal dated 1 November 2000, he states that he has been in a LTC position since 1 July 1996 and his promotion packet should have been submitted to the 1998 promotion board so he would have promoted before reaching 7 years in grade.  He further states that ROPMA provides for promotion consideration well in advance, so that if recommended, he would be promoted on or before the date he completes the MYIG, and his case is consistent with other cases he has reviewed that have gone before the Army Board for Correction of Military Records for correction. 

CONCLUSIONS:

1.  Notwithstanding the opinion from PERSCOM, the applicant is entitled to adjustment to his date of rank for LTC to 1 January 2000.  Pertinent promotion policy provides for eligibility for a promotion in advance of an individual’s MYIG date, based on their first-time RCSB selection and occupation of a higher grade position prior to their MYIG date.

2.  Had the delay not occurred, the applicant would have been promoted with a date of rank of 1 January 2000, a date prior to his MYIG date of 26 January 2000, 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 1 January 2000 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 12 April 2000, the date the President actually approved the board and as shown on the promotion memorandum.

4.  The applicant was not entitled to promotion consideration by the 1998 RCSB and he was properly considered by the appropriate board in advance of his MYIG so if selected he could be promoted on or before his MYIG date.

5.  The Board notes that the applicant does not submit documentation showing he was assigned to a LTC position prior to 13 May 1999, the date verified by the Officer Management Division.

6.  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 lieutenant colonel effective 12 April 2000 with a date of rank of 1 January 2000.

BOARD VOTE:  

__ls____  ___bl___  __ja_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042991	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
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.