PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           10 April 2001 
	DOCKET NUMBER:   AR2000047063

	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 adjustment to his date of rank (DOR) for major.

3.  The applicant states, in effect, his DOR should be adjusted to his date of eligibility for promotion in accordance with Title 10, USC, Section 1430(a).  He submits copies of his promotion orders 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 14 May 1988.

5.  He was ordered to active duty in the Army Guard/Reserve (AGR) program for 3 years with an effective date of 20 January 1989.

6.  He was promoted to first lieutenant effective 22 June 1991 and captain effective 1 June 1993.

7.  He was honorably separated from active duty effective 16 December 1994 and transferred directly to a Reserve unit. 

8.  He was serving as an Active/Guard Reserve (AGR) officer and assigned to a major’s position effective 8 November 1999.

9.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 31 May 2000.

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

11.  A promotion memorandum dated 10 August 2000 was issued to him showing 19 July 2000 as his effective date and DOR for major.

12.  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.

13.  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.”

14.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that based on the 7 years time in grade requirement the applicant was considered and selected for promotion to major by the 2000 RCSB with a promotion eligibility date of 31 May 2000.  He was promoted on 10 August 2000, with a DOR of 19 July 2000.  That date is based on the legal opinion that states an officer’s DOR will be the approval date of the board that selected him for promotion.  The 2000 selection board was approved on 19 July 2000; therefore, the applicant was given that date as his DOR.  Based on the fact the applicant met the time in grade requirement on 31 May 2000, it is recommended that his request for a DOR of 31 May 2000 be approved.

15.  The opinion was forwarded to the applicant for rebuttal on 10 January 2001. He did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 31 May 2000, the date he completed 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 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:

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 31 May 2000.

BOARD VOTE:  

_svw____  __jea___  __gdp___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047063	
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.