PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            16 August 2001                  
	DOCKET NUMBER:   AR2001053089

	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. June Hajjar		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 lieutenant colonel (LTC).

3.  The applicant states, in effect, that his DOR should be 31 January 1996, not 25 March 1997.  In accordance with Army Regulation 135-155, paragraph 4-19(2), if an officer declines a promotion and later accepts the promotion prior to expiration of the declination, the effective date and DOR become the date of assignment to the higher graded position.  He submits copies of his promotion memorandum dated 15 December 1995, his Notification of Selection for Promotion in the USAR dated 19 February 1996, a promotion qualification statement dated 11 March 1996, his election to decline promotion and commander’s endorsement both dated 14 March 1996, reassignment orders dated 6 December 1996, and a Promotion Memorandum dated 25 March 1997 in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve, Civil Affairs, as a second lieutenant effective 26 January 1976 and entered on active duty the same day.

5.  He was promoted to first lieutenant effective 3 February 1978.  He was released from active duty effective 2 February 1979 and transferred to the USAR Control Group.

6.  He was promoted to captain effective 2 February 1982 and to major effective 1 February 1989.

7.  He was considered and selected for promotion to LTC by the 1995 Reserve Components Selection Board (RCSB).

8.  Based on the required 7 years time in grade, his promotion eligibility date (PED) for LTC was 31 January 1996.

9.  A promotion memorandum dated 15 December 1995 was issued to him showing his PED for LTC was 31 January 1996.

10.  On 14 March 1996, he elected to decline promotion to LTC.  On the same day his commander endorsed his declination.

11.  On 14 May 1996, his request was approved until 30 January 1997.

12.  On 6 December 1996, he was reassigned from an Abilene Texas unit to a unit in Omaha, Nebraska.

13.  Documentation and orders from the 12th Battalion, 95th Division, Omaha, Nebraska verify he was assigned to a LTC position effective 6 December 1996.
14.  He was promoted to LTC effective 25 March 1997.

15.  Army Regulation 135-155, in effect at the time, prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that unit officers selected for promotion may be promoted on their PED provided they are assigned to a higher graded position, or transferred to the Control Group, or they may temporarily decline the promotion and remain in their unit.  If an officer declines promotion and later accepts the promotion, the effective date and DOR become the date of assignment to the higher graded position.

16.  Title 10, United States Code, Section 14312, Reserve Officer Personnel Management Act (ROPMA) specifies that if a request for delay of a promotion is approved, the officer’s name shall remain on the promotion list during the authorized period of delay.  Upon the end of the period of the authorized delay, or at any time during such period, the officer may accept the promotion, which shall be effective on the date of acceptance.  Such acceptance shall be in accordance with prescribed regulations.

17.  Title 10, United States Code, Section 14308, specifies that officers selected for promotion by a mandatory board may be promoted to the higher grade, in a higher graded position, which the officer is assigned.

18.  Reserve Army Regulations based on the ROPMA are not yet published.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for LTC to 6 December 1996, the date of his assignment to the higher-graded position.

2.  The Board concludes that based on his selection for promotion to LTC by the 1995 RCSB and assignment to a LTC position prior to the expiration of declination of promotion he is entitled to an adjusted DOR.

3.  The Board further notes that the applicant is not entitled to a DOR earlier than 6 December 1996, without being in a LTC position before that date.

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 lieutenant colonel with a date of rank of 6 December 1996.

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

BOARD VOTE:  

_tfb____  _jtm___  _jh_____        GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		           June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001053089	
SUFFIX		
RECON		
DATE BOARDED	20010816	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.