PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:            12 April 2001                  
	DOCKET NUMBER:   AR2000047122

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		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 that his date of rank to Major be changed from 19 July 2000 to 26 May 2000.

3.  The applicant states that he reached his mandatory seven years time in grade for promotion to major on 26 May 2000.

4.  The applicant’s military records show that he was promoted to Captain in the Active Guard Reserve on 19 December 1994, and that his time in grade was to be computed from 26 May 1993.

5.  The applicant was considered and selected for Major by the 2000 DA Reserve Components Selection Board based on seven years time grade with an eligibility date of 25 May 2000.  The applicant was serving in a higher grade position on  25 May 2000. 

6.  The applicant was promoted on 10 August 2000, with a date of rank of 19 July 2000, the date the board results were approved. 

7.  In the processing of this case an advisory opinion was obtained from the U.S. Total Army Personnel Command (PERSCOM) which recommended that the applicant’s request be approved.  Their recommendation was based on the fact that the applicant met the time in grade requirement and was in a higher grade position on 25 May 2000, and would have been promoted on that date had the board results been approved.  

8.  The applicant was provided a copy of the advisory opinion and concurred with the opinion.  

9.  The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994 which prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers, became effective 1 October 1996 and provides that in order to be eligible for promotion to major an officer must have served seven years in grade as a captain.  ROPMA further species that a unit or AGR officer must be serving in a position requiring the higher grade in order 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 that the actual date of the officer's promotion."

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 25 May 2000, the date he completed the seven year time in grade requirement.   

2.  The processing of the promotion board results were 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 the 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 25 May 2000.

BOARD VOTE:  

___rwa__  ___dph__  ___rtd___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047122	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  131.05		
2.		
3.		
4.		
5.		
6.