PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  19 December 2000
	DOCKET NUMBER:  AR2000043999

	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. James P. Huber		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Raymond J. Wagner		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 to 7 January 2000.  He states, in effect, the result of the 1999 major promotion board were delayed and 7 January 2000 is based on the 7 years time in grade for promotion from captain to major.  He further states he was placed in a major’s position effective 19 September 1997.  He submits his promotion memorandum dated 14 January 2000 in support of his request.

3.  The applicant’s military records show that he was appointed in the Reserve from Reserve Officers’ Training Corps as a second lieutenant effective 10 January 1986.  He was promoted to first lieutenant effective 9 January 1989 and captain effective 8 January 1993.

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

5.  He was assigned to a major’s position effective 8 September 1997.

6.  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.  The approval was 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 15 June 1999.

7.  A promotion memorandum dated 14 January 2000, shows his promotion to major effective 3 January 2000.

8.  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 the higher position, with approval of the President. 

9.  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.

10.  Title 10, United States Code, chapter 1405, section 14308, 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 grade position.

11.  The Chief, Promotion and Notifications Branch, Office of Promotions, the Total Army Personnel Command (PERSCOM), expressed the opinion that the applicant’s original MYIG date was 7 January 2000 and his date of rank to captain was 8 January 1993.  The applicant was considered by the 1999 major RCSB and selected.  The applicant was given the date of rank of 3 January 2000, the date the President approved the promotion board, which is the earlier of the two dates.  It was recommended that his request be denied.

12.  The opinion was forwarded to the applicant on 21 September 2000.  He did not respond.

13.  On 7 December 2000 an official of the Army Reserve Personnel Command, the applicant’s current Personnel Management Officer, advised a Board senior analyst that the applicant was assigned to a major’s position effective 8 September 1997.

CONCLUSIONS:

1.  Notwithstanding the opinion from PERSCOM, the applicant is entitled to adjustment to his date of rank for major to 15 June 1999.  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 15 June 1999, a date prior to his MYIG date of 7 January 2000, and as provided for by U.S. Code.  He was eligible for promotion in advance of his MTIG date, with a date of rank of 15 June 1999 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 3 January 2000, the date the President actually approved the board and as shown on the promotion memorandum.

4.  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 15 June 1999.

BOARD VOTE:  

__jh___  ___kw___  ___rw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___James P. Huber____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043999	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
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.