PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           3 April 2001                  
	DOCKET NUMBER:   AR2000048738

	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 Thomokins		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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.

3.  The applicant states, in effect, that his DOR should be 1 May 1998, his promotion eligibility date.  He further states he was attached to a major’s position on 27 April 1998.  He submits copies of his promotion memorandum dated 5 April 1991 for captain, Army Guard/Reserve (AGR) orders dated 28 January 1998 and a promotion memorandum dated 14 January 2000 for major in support of his request. 

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 12 May 1985.

5.  He entered on active duty in the AGR program effective 20 March 1987. 

6.  He was promoted to first lieutenant effective 21 May 1988 and captain effective 1 May 1991.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 30 April 1998.

7.  He was released from active duty effective 9 April 1998 and transferred to the USAR Control Group (Reinforcement).

8.  On 28 January 1998, the applicant was ordered to active duty in AGR status commencing on or about 10 April 1998.

9.  An official of the Office of Promotions, Reserve Components advised a staff member of the Board that verification from the Officer Management Division indicated the applicant went into the position requiring the higher grade on 2 February 1999.

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

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

12.  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.  

12.  ROPMA further species that a unit or AGR officer must be serving in a position requiring the higher grade to be promoted.

13. 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.”

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 2 February 1999, 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 delay, 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 2 February 1999.

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

BOARD VOTE:  

_tfb_____  __jtm____  __wtm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048738	
SUFFIX		
RECON		
DATE BOARDED	2000048738	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.