PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            31 July 2001                  
	DOCKET NUMBER:   AR2001052412

	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. Arthur A. Omartian		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 adjustment to his date of rank (DOR) for major to 31 May 1998.

3.  The applicant states that his current DOR for major is 31 August 1998, his DOR for captain was 1 June 1991.  Seven years time in grade as a captain occurred on 31 May 1998.  Active/Guard Reserve (AGR) officers are historically promoted to major on their seventh year anniversary as a captain.  He submits copies of his promotion orders to captain and major and an e-mail communication from his personnel management officer in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 24 July 1985.

5.  He entered on active duty effective 30 May 1987.  He was promoted to first lieutenant effective 24 July 1988 and to captain effective 1 June 1991.

6.  He was honorably released from active duty effective 9 March 1998 for miscellaneous/general reasons.  He was transferred to the USAR Control Group (Reinforcement).

7.  He was further assigned to an AGR status under Title 10, United States Code, section 12301(d) for a 3-year tour.  His report date for training duty was 12 April 1998 and his assignment date was 27 April 1998.  He was assigned to a major’s position.

8.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 31 May 1998.

9.  He was considered and selected for promotion to major by the 1998 Reserve Components Selection Board (RCSB) which convened on 24 March and recessed on 29 April 1998.  The President approved the board on 31 August 1998.  The processing of the board results was administratively delayed.

10.  A promotion memorandum dated 24 September 1998 was issued to him showing 31 August 1998 as his effective date and date of rank for major.

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 was mandated 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 specifies that the officer must be serving in a position requiring the higher grade unless assigned to the Individual Ready Reserve or Individual Mobilization Augmentee.

13.  ROPMA also specifies that promotion dates are effective upon approval of the board results by the President.

14.  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.”

15.  The processing of the board results was administratively delayed.  Based on the normal processing, they should have been approved approximately 100 days after the respective recess date.

16.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was promoted to captain 1 June 1991 and promotion to major requires 7 years time in grade; therefore, his promotion eligibility date for major was 31 May 1998.  He was considered and selected for promotion to major by the 1998 RCSB.  Under ROPMA an officer can not be promoted until the President has approved the board.  The President approved the board on 31 August 1998 and the results were released on 
24 September 1998.  Officer Management Division verified that he went into the position requiring the higher grade on 12 April 1998.  He was issued a promotion memorandum on 24 September 1998 with a date of rank of 31 August 1998 since this was the day the President approved the board.  Based on this information, it was recommended the application be denied.

17.  The opinion was forwarded to the applicant for rebuttal on 4 April 2001.  He did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 8 August 1998, The processing of the 1998 RCSB was administratively delayed and should have been processed for approval by the President within 100 days of the recess date.

2.  The processing of the promotion board results was administratively delayed through no fault of the applicant, and he should not be penalized for the delay.  The Board concludes that under the circumstances the results of the promotion board should have been processed for Presidential approval and approved on 8 August 1998, and his DOR should be adjusted to that date accordingly.

3.  Notwithstanding the delay, the effective date of his promotion should remain as 31 August 1998, the date the President actually approved the board.  It is noted that all promotion effective dates, including pay, are based on actual Presidential approval.

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 31 August 1998 with a date of rank of 8 August 1998.

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

BOARD VOTE:  

_wtm____  _jtm____  _aao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001052412	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.