PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 January 2001
	DOCKET NUMBER:  AR2000045163

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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, correction to her military records to show she was promoted to first lieutenant (1LT) effective 26 December 1996.

3.  The applicant states that she was in the Individual Ready Reserve (IRR) from March 1996 to November 1997 and not identified for promotion to 1LT in December 1996.  She later discovered orders were cut in July 1999 promoting her to 1LT effective 26 December 1996, then revoked effective 13 August 1999, after she entered the Air Force.  She submits copies of her Oath of Office dated 20 May 1995, a letter from the Army Correction Board dated 18 March 2000, orders dated 23 June 1995 and 5 November 1997 in support of her request.

4.  The applicant’s military records show that she was appointed in the Reserve, Army Nurse Corps, as a second lieutenant effective 20 May 1995.  She was credited with 5 months and 7 days constructive service credit (CSC) adjusting her date of rank to 27 December 1994.  She was assigned to a troop program unit (TPU) in Seagonville, Texas. 

5.  She was reassigned to the USAR Control Group (Reinforcement) effective 22 March 1996.

6.  She was released from the Control Group and assigned to a TPU in Bossier City, Louisiana, in a 1LT position effective 22 March 1996.

7.  Her promotion eligibility date for 1LT prior to the Reserve Officer Personnel Management Act (ROPMA) was 26 December 1997, based upon the completion of the required 3 years of time in the lower grade.

8.  She was discharged from the USAR effective 16 May 1999.  She was appointed in the United States Air Force, as a 1LT effective 17May 1999.

9.  A Promotion Memorandum dated 20 July 1999 was issued promoting the applicant to 1LT effective 26 December 1996.

10.   A Revocation of Promotion Memorandum dated 13 August 1999 was issued revoking the applicant’s promotion to 1LT effective 26 December 1996 based on her appointment in the Air Force.

11.  She applied to the Army Board for Correction of Military Records to correct her records to reflect her pay grade as 1Lt.  She was advised on 18 March 2000 that a review of her records showed she was promoted to 1LT effective 26 December 1996 and since she had not specified the documents she desired to be corrected, no effective relief could be granted by the Board.  Her application was filed without action.

12.  The Office the Army Reserve Personnel Command (AR-PERSCOM) expressed the opinion that under ROPMA an officer in the grade of 2LT will be considered for promotion without review by a promotion selection board.  The officer’s records will be screened to determine eligibility for promotion to the next higher grade.  Available records show the applicant was commissioned effective 20 May 1995 with 5 months and 7 days CSC, making her eligible for promotion to 1LT (under ROPMA criteria) on 12 December 1996.  The applicant transferred to the IRR effective 5 November 1997 and should have been promoted under ROPMA criteria.  Through administrative oversight she was placed in AR-PERSCOM’s database as being eligible for promotion under pre-ROPMA criteria.  The administrative oversight was discovered and she was promoted to 1LT with an effective date of 26 December 1996.  The applicant was appointed in the Air Force effective 17 May 1999 and her promotion to 1LT was revoked.  Under ROPMA criteria, she should have been promoted to 1LT when she was assigned to the IRR.

12.  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.  ROPMA specifies that a Reserve officer in the grade of 2LT may be promoted to 1LT upon completion of 2 years of time in the lower grade, providing he/she is in an authorized TPU position or assigned to the IRR.

13.  The opinion was forwarded to the applicant for her acknowledgement/rebuttal on 3 October 2000.  In her response dated 10 October 2000, she stated her agreement with the opinion with the exception to her date of entry into the IRR.  She states she entered on 7 November 1997.

CONCLUSIONS:

1.  The applicant is entitled to promotion to 1LT effective 26 December 1996 while assigned to the United States Army Reserve, with a same date of rank.

2.  The Board notes that the applicant was appointed in the Reserve with 5 months and 7 days CSC, adjusting her date of rank for second lieutenant to 27 December 1994.  ROPMA promotion policy provides that the applicant is entitled to promotion to 1LT based upon completion of 2 years of time in the lower grade.  

3.  Her earlier promotion on 20 July 1999 promoting her to 1LT effective 26 December 1996 was erroneously revoked.  She was entitled to the promotion.

4.  It is also noted that the applicant’s records show she was assigned to a TPU effective 5 November 1997.  She has not provided evidence that she was assigned on 7 November 1997.
5.  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 1LT with an effective date and date of rank of 26 December 1996.

BOARD VOTE:  

__ao____  __to____  __bh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian __
		        CHAIRPERSON

INDEX

CASE ID	AR2000045163	
SUFFIX		
RECON	20010130	
DATE BOARDED		
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.