PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            3 April 2001                 
	DOCKET NUMBER:   AR2000050885

	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. 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 that due to late promotion boards results and in accordance with the Reserve Officer Personnel Management Act (ROPMA), time in grade as a captain should be 7 years or less and he respectfully requests favorable consideration of his request.  He submits copies of his promotion orders for captain and major in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 11 May 1985.

5.  He was promoted to first lieutenant effective 21 May 1988 and to captain effective 20 May 1992.

6.  He was a serving as an Active Guard/Reserve (AGR) officer and assigned to a major’s position effective 1 October 1998.

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

8.  He 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 were administratively delayed.

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

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

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.”

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 19 May 1999, the date he completed his MYIG.

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:

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 19 May 1999.

BOARD VOTE:  

_tb_____  __jtm____  _wtm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050885	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.