PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 March 2001
	DOCKET NUMBER:  AR2000047064

	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. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Richard T. Dunbar		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 and effective date of promotion.

3.  The applicant states that in accordance with the Reserve Officer Personnel Management Act (ROPMA) his DOR and effective date should be backdated to 7 years from his DOR for captain.  He submits copies of promotion memorandums for captain and major, his Unit Manning Report, orders dated 12 January 2000 and a Certificate of Release from Active Duty in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 3 May 1987.  He entered on active duty effective 4 April 1989.

5.  He was promoted to first lieutenant effective 26 May 1990 and to captain effective 1 November 1992.  Based on the required 7 years time, his maximum years of service in grade (MYIG) date for promotion to major was 31 October 1999.

6.  He was honorably discharged from active duty effective 29 January 2000 and transferred to the USAR Control Group (Reinforcement).

7.  His original MYIG for major was adjusted to 30 January 2000, the day after his release from active duty.

8.  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.

7.  He was assigned to a major position effective 15 February 2000.

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

9.  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 the officer must be serving in a position requiring the higher grade.

10.  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.
11.  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.

12.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant’s DOR for captain was 1 November 1992 and based on the 7 years time in grade requirement, his promotion eligibility date would have been 31 October 1999.  The applicant was on active duty until 29 January 2000; therefore, his PED was advanced to the day after his release from active duty (30 January 2000).  The applicant was given the DOR of 19 July 2000, based on the date the President approved the board.  Active Guard Reserve Officers receive the latter of the two dates, the date the President approved the board or the date placed in the higher graded position.  Information reflects that the applicant was placed in a major’s position on 15 February 2000.  Based on this information, it was recommended his request be denied.

13.  The opinion was forwarded to the applicant for rebuttal on 12 December 2000.  He did not respond. 

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 15 February 2000, the date he was assigned to the higher graded position.

2.  The applicant is not entitled to a date earlier than 15 February 2000, as his original MYIG date of 31 October 1999 for promotion to major was adjusted to 30 January 2000, the day after his release from active duty.

3.  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.

4.  Notwithstanding the delay, the effective date of his promotion should remain as 14 July 2000, the date the President approved the board.

5.  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 14 July 2000 with a date of rank of 15 February 2000.

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

BOARD VOTE:  

___ew___  __to__  ___rd__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest M. Willcher___
		        CHAIRPERSON

INDEX

CASE ID	AR2000047064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
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.