PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  6 March 2001
	DOCKET NUMBER:  AR2000047299

	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. Stanley Kelley		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Harry B. Oberg		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 and effective date for promotion to major.

3.  The applicant states, in accordance with Title 10, United States Code, Section 1304, the promotion memorandum dated 14 January 2000 requires the date of rank and effective date be adjusted to 20 May 1999, the date he completed the maximum years of service.  He submits copies of promotion memorandums dated 7 May 1992 and 14 January 2000 and Title 10, United States Code, Section 14304 in support of his request. 

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 25 May 1983.  He was promoted to first lieutenant effective 23 May 1985 and captain effective 20 May 1992, and he is currently serving on an Active Guard/Reserve tour.

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

6.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board that convened on 2 March 1999.  The President approved the board on 3 January 2000.   The processing of the board results was administratively delayed.

7.  He was assigned to a major position effective 11 July 1999.

8.  A promotion memorandum dated 14 January 2000 was issued to him showing 3 January 2000 as his effective date and date of rank for major.

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 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 species 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 was promoted to captain 20 May 1992 and based on the 7 years time in grade his promotion eligibility date was 19 May 1999. He was considered and recommended for promotion to major by the 1999 RCSB and under ROPMA, an officer cannot be promoted until the President has approved the board.  The board was approved on 3 January 2000. The Officer Management Division verified that the applicant went into the position requiring the higher grade on 11 July 1999.  He was issued a promotion memorandum on 14 January 2000 with a date of rank of 3 January 2000 since this was the day the President approved the board.  Based on this information, it was recommended his request be denied.

13.  The opinion was forwarded to the applicant for rebuttal on 14 November 2000.  In his rebuttal dated 7 December 2000, he states that he reached his maximum 7 years as captain on 20 May 1999 and has been in a major position since 11 July 1999.  If the promotion branch is recommending denial based on him not being in a major’s position on 20 May 1999, that may be correct, but his effective date and date of rank should be adjusted to 11 July 1999 at the minimum.   

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 11 July 1999, based on his selection and the date he was assigned to the higher graded position.

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 correction of his date of rank, the effective date of his promotion should remain as 3 January 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 3 January 2000 with a date of rank of 11 July 1999.

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

BOARD VOTE:  

__sk___  ___el___  __ho____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047299	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010306	
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.