PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 March 2001
	DOCKET NUMBER:  AR2000047273

	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. Roger W. Able		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Allen L. Raub		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 date of rank (DOR) for major and effective date for promotion.

3.  The applicant states that in accordance with Title 10, his DOR should be adjusted to 19 May 2000, the date he completed the maximum years of service in grade (MYIG) date.   He submits copies of his promotion memorandums dated 16 July 1993 and 10 August 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 10 May 1986.

5.  He was promoted to first lieutenant effective 20 May 1989 and captain effective 19 May 1993.

6.  Based on the required 7 years time in grade, his MYIG date for major was 18 May 2000.

7.  He was assigned to a major position effective 9 August 1999.

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.

9.  A promotion memorandum dated 10 August 2000 was issued to him showing 19 July 2000 as his effective date and DOR 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.  ROPMA further specifies that a unit officer must be serving in a position requiring the higher grade.

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 was promoted to captain on 19 May 1993.  Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date was 18 May 2000.  He was considered for promotion to major by the 2000 RCSB and recommended for promotion.  Under ROPMA, an officer cannot be promoted until the President approved the board.  The board was approved on 19 July 2000 and the results were released on 25 August 2000. Officer Management Division verified the applicant went into the position requiring the higher grade on 9 August 1999.  He was issued a promotion memorandum on 10 August 2000 with a DOR of 19 July 2000 since this was the day the President approved the board.  Based on this information, it was recommended that 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 DOR for major to 18 May 2000.

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 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:

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 19 July 2000 with a date of rank of 18 May 2000.

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

BOARD VOTE:  

__ra___  __gw___  __ar___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Roger W. Able__
		        CHAIRPERSON

INDEX

CASE ID	AR2000047273	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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.