PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 August 2000                   
	DOCKET NUMBER:   AR2000043509

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz 		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, that the effective date and the date of rank of his promotion to colonel be corrected, that he receive all due pay and allowances; and that he be allowed to remain in the Army Reserve for two more years, with his mandatory removal date (MRD) extended to 13 March 2002. 

3.  The applicant states that he was advised that a special selection board had recommended him for promotion to colonel with a date of rank of 2 March 1998; however, the Army Personnel Command promoted him with an incorrect effective date and date of rank of 19 January 2000.  He states, in effect, that an adjustment to his MRD is necessary to allow him to actively serve in the rank of colonel for a period of two years from the 13 March 2000 date of the promotion memorandum.  He states that through no fault of his own he has not been able to enjoy the benefits of promotion and the privilege of serving as a colonel.    

4.  The applicant’s military records show that he was appointed a Reserve second lieutenant on 13 June 1970.  The applicant has since served continuously in the Reserve forces.  He was promoted to lieutenant colonel on  30 May 1991. 

5.  On 10 November 1999 this Board denied the applicant’s request to correct his records to show that he was selected for promotion to colonel under 1996 criteria (COPY OF BOARD ACTION ATTACHED). 

6.  On 3 January 2000 the Total Army Personnel Command at St. Louis notified the applicant that he had been recommended for promotion to colonel by a standby advisory board under the 1997 criteria.  He was also informed that a promotion letter would be forwarded to him with a date of rank of 2 March 1998.

7.  On 19 January 2000 the Total Army Personnel Command requested that the applicant’s Reserve unit, the 416th Engineer Command, void the order transferring the applicant to the Retired Reserve, based on his selection for promotion to colonel with a promotion eligibility date of 2 March 1998. 

8.  On 13 March 2000 the Total Army Personnel Command issued a promotion memorandum, back dated to 2 March 1998, promoting the applicant to colonel with an effective date and date of rank of 19 January 2000.  That date is apparently based on the memorandum to his command, with the logic that the   19 January 2000 date would be the earliest date that his command could assign him to an 06 position.

9.  In a facsimile initiated by the applicant, he stated that his MRD is 1 July 2000.

10.  Information obtained from the Total Army Personnel Command Promotion Branch on 17 July 2000 revealed that the applicant was selected for promotion to colonel by a standby advisory board under the 1997 criteria, and that the selection was confirmed by the Senate on 29 October 1999.  The results of the 1997 Colonel APL Selection Board were approved by the President on                16 January 1998 and confirmed by the Senate on 2 March 1998.  

11.  Title 10 of the U.S. Code, section 14502, concerns correction of errors by special selection boards.  Section 14502(e) states:  “(1) An officer whose name is placed on a promotion list as a result of recommendation for promotion by a special selection board convened under this section, shall, as soon as practicable, be appointed to the next higher grade in accordance with the law and policies which would have been applicable had he been recommended for promotion by the board which should have considered, or which did consider him.”  “(2) An officer who is promoted to the next higher grade as the result of the recommendation of a special selection board convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the reserve active-status list as the officer would have had if the officer had been recommended for promotion to that grade by the selection board which should have considered, or which did consider, the officer.” 

12.  Prior to the ROPMA (Reserve Officer Personnel Management Act), an officer promoted to colonel could remain in the Army Reserve in an active status         30 days after the fifth anniversary of his appointment to colonel.  The ROPMA changed that.  Under the ROPMA, a colonel must separate on the first day of the month after the month in which the officer completes 30 years of commissioned service, unless the officer earlier reaches age 60.  Officers recommended for promotion to colonel on or after 1 October 1996 are no longer guaranteed five years in grade as a colonel.

CONCLUSIONS:

1.  The officer’s effective date and date of rank for promotion to colonel should be 2 March 1998, the date that he would have had if he had been recommended to colonel by the 1997 Colonel APL Selection Board.  He should receive all due pay and allowances in the grade of colonel effective from that date. 

2.  The applicant’s MRD as indicated by the applicant is 1 July 2000, presumably based on 30 years of commissioned service.  Notwithstanding, the applicant’s request to serve in the grade of colonel for two years, extending his MRD to      13 March 2002, provisions of the ROPMA requires his removal from an active status in the Army Reserve after 30 years of commissioned service.  His request to extend his MRD is not granted.       

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank and pay grade of colonel 0-6, effective and with a date of rank of 2 March 1998, and that he receive all due pay and allowances in that pay grade effective from that date. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___js___  ___kah___  ___mdm_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043509	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  21	131.04	
2.	131.05	
3.	136.00	
4.		
5.		
6.