PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           10 April 2001
	DOCKET NUMBER:   AR2000046868

	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 to his promotion date from 23 June 2000 to 30 May 2000.

3.  The applicant states that he was promoted to captain on 30 May 1993 and has been in a major’s position since that time.  He was advised that according to the regulation 7 years is the requirement for promotion to major.  He submits copies of his promotion orders for captain and major, unit manning report and duty position held documentation in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve, Medical Services Corps as a second lieutenant effective 1 June 1986.

5.  He attained the grade of captain effective 30 May 1993.

6.  He was assigned to a major’s position effective 11 January 1999.

7.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 29 May 2000.

8.  He was considered and selected for promotion to major by the 2000 Reserve Components Selection Board (RCSB) which convened on 10 January 2000.  The President approved the board on 25 June 2000.  The processing of the board results was administratively delayed.

9.  A promotion memorandum dated 25 July 2000 was issued to him showing 25 June 2000 as his effective date and date of rank for major.

10.  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.  

11.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade unless assigned to the Individual Ready Reserve or as an Individual Mobilization Augmentee.

12.  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.”

13.  Title 10, United States Code, chapter 1405, 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.

14.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was promoted to captain 30 May 1993 and promotion to major requires 7 years time in grade; therefore, his promotion eligibility date for major was 29 May 2000.  He was considered and selected for promotion to major by the 2000 RCSB.  Under ROPMA an officer can not be promoted until the President has approved the board.  The President approved the board on 25 June 2000 and the results were released on 25 July 2000.  Officer Management Division verified that he went into the position requiring the higher grade on 11 January 1999.  He was issued a promotion memorandum on 25 July 2000 with a date of rank of 25 June 2000 since this was the day the President approved the board.  Based on this information, it was recommended the application be denied.

15.  The opinion was forwarded to the applicant for rebuttal on 10 January 2001. In his response dated 22 February 2001, he states he wants his records corrected to the date that he was eligible to be promoted.  He further states that he understands that back pay may not be approved.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 29 May 2000, based on completion of his MYIG.

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 25 June 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 25 June 2000 with a date of rank of 29 May 2000.

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

BOARD VOTE:  

_svw____  _jea____  __gdp__     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         Sherri V. Ward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046868	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.