PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           10 April 2001                  
	DOCKET NUMBER:   AR2000050815

	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. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm		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 adjustment to her date of rank (DOR) for major.

3.  The applicant states her DOR for captain was 7 August 1992 and according to Title 10, USC, Section 14301 which states on first considered and if selected, be promoted no later than 7 years from her DOR for captain.  Therefore, her promotion letter and DOR should be amended to 7 August 1999. 

4.  The applicant’s military records show that she was appointed in the Reserve as a second lieutenant effective 8 August 1986.

5.  She was promoted to first lieutenant effective 8 February 1988 and captain 7 August 1992.

6.  She was serving as an Active/Guard Reserve (AGR) officer and assigned to a major’s position effective 28 June 1999.

7.  Based on the required 7 years time in grade, her maximum years of service in grade (MYIG) date for major was 6 August 1999.

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

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

10.  A notification of promotion status memorandum dated 14 January 2000 indicates her promotion eligibility date as 6 August 1999.

11.  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 or AGR officer must be serving in a position requiring the higher grade to be promoted.

12.  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 her DOR for major to 6 August 1999, the date she completed her MYIG.

2.  The processing of the promotion board results was administratively delayed through no fault of the applicant, and she should not be penalized for the delay.

3.  Notwithstanding the delay, the effective date of her 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:

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 6 August 1999.

BOARD VOTE:  

_svw____  _jea____  __gdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          Sherri V. Ward
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050815	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	102.700	
2.		
3.		
4.		
5.		
6.