MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            3 April 2001
	DOCKET NUMBER:   AR2000049650

	I certify that hereinafter is recorded the record of consideration 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. Walter T. Morrison 		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr.  John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Adjustment to his date of rank for captain to 22 July 1997, with entitlement to back pay and allowances.

APPLICANT STATES:  That inequity in the Reserve Officers Personnel Management Act (ROPMA) caused officers in his year group to serve one year longer time in grade as a first lieutenant for eligibility for promotion to captain than officers in previous or current year groups.  He submits copies of his assignment orders in support of his application.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information herein is based on a review of his records by the Office of Promotions, Reserve Components and documents submitted by the applicant that show he was appointed in the New York Army National Guard (NYARNG) as a second lieutenant effective 18 June 1993.

On 12 May 1996 he was assigned to a captain position.

He was promoted to first lieutenant effective 17 June 1996. 

Based on the required 2 years in the grade of first lieutenant, his maximum years of service in grade (MYIG) date for promotion consideration by a position vacancy selection board for captain was 16 June 1998.

Based on the required maximum of 7 combined years service as a lieutenant, his MYIG date for promotion consideration by a mandatory promotion board for captain was 16 June 2000.

He was promoted to captain by a position vacancy selection board effective 22 July 1998, in advance of his MYIG date of 16 June 2000 for captain by a mandatory promotion.

Current promotion policy specifies that the USAR position vacancy promotion system is designed to fill vacancies in units.  The regulation further specifies that lieutenants, if approved by the promotion authority, may be placed on the list of eligibles for promotion.  

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 specifies position vacancy 

promotion to captain requires completion of 2 years in the lower grade.  ROPMA further specifies that it required that second lieutenants (2LT’s) serve a MYIG of 2 years before promotion to first lieutenant (1LT), and 1LT’s serve a MYIG of 5 years before mandatory promotion consideration to captain.  The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a 2LT and 4 years as a 1LT before mandatory promotion consideration to captain.

ROPMA mandatory promotion boards consider all eligible Reserve of the Army officers of a particular grade and competitive category, without regard to specific vacancies.  A position vacancy promotion board considers only eligible, qualified officers for specific positions.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_tb _____  _jtm_____  _wtm____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000049650	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.