PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000047228

	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. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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 for major be adjusted to 19 May 1999, with adjusted pay and allowances.

3.  The applicant states that the March 1999 Major Promotion Board results were not released until 3 January 2000 and as a result his DOR is currently 3 January 2000.  He further states the delay prevented him from obtaining the major pay rate.  He submits copies of his assignment and separation documents for deployment to Bosnia, promotion memorandum for major dated 4 February 2000 and notification of promotion status dated 14 January 2000 in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 18 May 1985.  He was promoted to first lieutenant effective 21 May 1988 and captain effective 20 May 1992.

5.  He was assigned to a major position effective 8 August 1999, while on deployment to Bosnia.

6.  Based on the required 7 years time in grade his maximum years of service in grade (MYIG) for promotion to major was 19 May 1999.

7.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB).  The President approved the board on 3 January 2000.  The processing of the board results and approval were administratively delayed.  Providing a 2 ½ month approximate period of time for promotion board proceeding preparation and processing, it should have been approved on or about 16 May 1999.

8.  A promotion memorandum dated 4 February 2000 was issued to him showing his effective date and date of rank to major as 3 January 2000.  A Notification of Promotion Status memorandum, dated 14 January 2000, was issued to him indicating a promotion date of 19 May 1999.

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 the MYIG for a Reserve captain in order to be eligible for promotion to major 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 an officer must be serving in a position requiring the higher grade for promotion unless assigned to the Individual Ready Reserve. 

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 8 August 1999, based on his assignment to a major position.  He is not entitled to a date of rank of 19 May 1999, his MYIG, as he was not in a higher graded position at the time.

2.  The Board concludes that had there not been an administrative delay in the promotion process, the board’s approval should have occurred on or about 16 May 1999, and the applicant would have been promoted with a date of rank prior to 3 January 2000. 

3.  Notwithstanding the delay, the effective date of his promotion should remain as 3 January 2000, the date the President actually approved the board and as shown on the promotion memorandum.

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 3 January 2000 with a date of rank of 8 August 1999.

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

BOARD VOTE:  

___jp__  __bl___  __ot___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2000047228	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
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.