PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 January 2001
	DOCKET NUMBER:  AR2000045062

	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. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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 her date of rank for first lieutenant from 15 January 1997 to 26 July 1996.

3.  The applicant states that in effect, under the Reserve Officer Personnel Management Act (ROPMA), she was eligible for promotion to first lieutenant effective 29 July 1996.  She submits of copy of her commission and promotion letters, Personnel Qualification Record and separation document (DD Form 214) in support of her request.

4.  The applicant’s military records show that she was appointed in the Reserve as a second lieutenant effective 29 July 1994, with prior enlisted service.

5.  Based on the 2 years requirement under the provisions of ROPMA, her maximum years in grade date for promotion to first lieutenant was 28 July 1996.

6.  She was promoted to first lieutenant effective 15 January 1997.

7.  The 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.  Under promotion policy, an officer appointed as a second lieutenant earlier than 1 October 1996 with more than 2 years but less than 3 years of time in grade is entitled to an adjustment of their date of rank of captain to 1 October 1996.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of her date of rank for first lieutenant effective 1 October 1996, with all back pay and allowances.

2.  Pertinent policy provides for an adjustment to the date of rank for first lieutenants appointed before the implementation of ROPMA to the effective date of the law.   In this case, the applicant’s promotion was unduly delayed through administrative error, and she is entitled to pay also effective 1 October 1996.

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 the individual concerned was promoted to first lieutenant effective 1 October 1996, with entitlement to back pay and allowances.

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

BOARD VOTE:  

_mm___  ___ea___  __cg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Mark D. Manning___
		        CHAIRPERSON

INDEX

CASE ID	AR2000045062	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
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.