PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           10 April 2001                  
	DOCKET NUMBER:   AR2000046705

	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:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		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 of the effective date of his promotion to major from 19 July 2000 to 30 June 1999.

3.  The applicant states, in effect, Title 10, USC, Section 14304 and the Reserve Officer Personnel Management Act (ROPMA) requires that an officer recommended for promotion by a selection board the first time the officer is considered for promotion while in or above the promotion zone and who is placed on an approved list be promoted not later than their maximum time in grade for their present grade.  His effective date of promotion to captain was 1 July 1992.  Since this law (ROPMA) has not been amended, what authority was issued to determine his effective date?  He submits copies of his promotion memorandums for captain and major in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 28 January 1988 and entered on active duty.

5.  He was promoted to first lieutenant effective 28 June 1990 and captain effective 1 July 1992.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 30 June 1999.

6.  He was separated from active duty effective 21 August 1999 and transferred to the Army Guard/Reserve (AGR) program. 

7.  He was assigned to a major’s position effective 22 August 1999.

8.  He was considered and selected for promotion to major by the 2000 Reserve Components Selection Board.  The President approved the board on 19 July 2000.   The processing of the board results was administratively delayed.

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 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. ROPMA further specifies that a unit or AGR officer must be serving in a position requiring the higher grade to be promoted.

10.  Title 10, United States Code, section 14308(c)(2) states that “Except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.”

11.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant is not eligible to have his date of rank changed from 19 July 2000 to 30 June 1999.  Title 10, section 14304, stated than an officer who is recommended for promotion by a selection board the first time he is considered for promotion will be promoted on the date he completed the maximum years of service.  The applicant completed the maximum years of service for promotion to major on 30 June 1999, while he was on active duty.  He was selected for promotion by the 2000 RCSB and promoted with a date of rank of 19 July 2000, the date the board was approved.  Based on the fact the applicant is an AGR officer and was assigned to a higher grade position on 22 August 1999, it is recommended that he be given a date of rank of 22 August 1999.

12.  The opinion was forwarded to the applicant for rebuttal on 15 February 2001. He did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 22 August 1999, the date he was assigned to the higher graded position.

2.  The processing of the promotion board results was administratively delayed through no fault of the applicant, and he should not be penalized for the delay.

3.  Notwithstanding the delay, the effective date of his promotion should remain as 19 July 2000, the date the President approved the board.

4.  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 major effective 19 July 2000 with a date of rank of 22 August 1999.

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

BOARD VOTE:  

_svw____  _jea____  _gp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          Sherri V. Ward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046705	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.