PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           24 July 2001                  
	DOCKET NUMBER:   AR2001055807

	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. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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 to when he was first eligible.  

3.  The applicant states, in effect, clerical error caused him to be dropped from his unit as if he was reassigned.  For a period of over 1 year, he was not officially counted as a member of any unit.  After a lengthy investigation, a decision was made to transfer him to a unit in Austin, Texas.  He received assignment orders in December 2000 and his request for transfer to the Individual Ready Reserve (IRR) was processed.  He did not become a member of the IRR until late March 2001.  He submits copies of his assignment orders dated 12 April 1999, 28 July 1999, 6 October and 4 December 2000 in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve from Reserve Officers Training Corps (ROTC) as a second lieutenant effective 11 May 1986.

5.  He was promoted to first lieutenant, effective 27 May 1989, and to captain effective 26 May 1993.  His promotion eligibility date for major was 25 May 2000.

6.  His records show that he received a top rating on every officer evaluation report, Part IV – Performance Evaluation, Item Numbers 3 and 5, Maintains appropriate level physical fitness, Pass 9610 and Possesses military bearing and appearance, 75/181 Yes.  

7.  Army Physical Fitness Test (APFT) scorecards submitted by the applicant shows he passed his APFT’s and met the height and weight standards from 22 April 1999 to 10 March 2001.

8.  Based on the required 7 years time in grade, his maximum years of service in grade (MYIG) date for major was 25 May 2000.

9.  He was considered and selected for promotion to major by the 2000 Reserve Components Selection Board (RCSB).  The board convened from 7 March to 6 April 2000 and was approved by the President on 19 July 2000.

10.  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.”

11.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that a review of the applicant’s records revealed that he was considered by the 2000 RCSB and recommended.  His promotion was originally suspended by the Army Reserve, Total Army Personnel Command (AR-PERSCOM) on 11 August 2000 due to not being in a higher graded position, no APFT and no height and weight statement.  No reply was received so another memorandum was forwarded by AR-PERSCOM on 29 December 2000.  Officer transferred into the IRR on 18 March 2001 and was promoted to major with a DOR of 18 March 2001.  This is the earliest date the applicant can receive.  It was recommended his request be denied.

12.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 9 May 2001.  In his rebuttal dated 23 May 2001, the applicant states the United States Central Command, MacDill Air Force Base has been holding a major slot for him since September 2000.  He was flagged non-promotable because of missing APFT and height and weight statements.  His APFT records were maintained at the 300th M.I. Company and he never received a request for copies of his APFT.  He further states that he never should have been flagged as he has been in compliance with height and weight standards and has passed his APFT’s his entire career.  He has been penciled into a major slot since August 2000 and has been waiting for clerical error to be corrected so he could be transferred.  He submits a copy of a memorandum from the United States Central Command dated 18 May 2001 verifying his pending assignment to that command in a major slot and copies of his APFT scorecards from 22 April 1999 to 10 March 2001 in support of his request.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 1 September 2000.  Verification from the United States Central Command indicated that the applicant was pending assignment to a major slot since September 2000 pending placement from AR-PERSCOM.  Administrative errors in his case prevented his assignment to this position at that time.

2.  The applicant is not entitled to a DOR earlier than 1 September 2000, as he was not in a higher graded position on his MYIG date of 25 May 2000.

3.  Notwithstanding the opinion from PERSCOM, the applicant through no fault of his own was not given fair and timely promotion action.  Throughout his entire military career his records show he has passed his APFT’s and continuously met the height and weight standards.  These records were not made a part of his promotion records and he was unjustly flagged non-promotable.  The applicant should not be penalized for what appears to have been an error on the part of those responsible to timely promote him. 

4.  The Board further notes that since the applicant was not officially assigned to a major slot until 18 March 2001, he is not entitled to an effective date for promotion to major, with all back pay and allowances, prior to that date.

5.  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 18 March 2001, with a date of rank of 1 September 2000.

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

BOARD VOTE:  

_mvt____  _wdp____  _jns____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001055807	
SUFFIX		
RECON		
DATE BOARDED	20010724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.