MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           6 September 2001
	DOCKET NUMBER:   AR2001057176

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his date of rank (DOR) to first lieutenant (1LT) be changed from 14 June 1996 to 25 March 1996.

APPLICANT STATES:  That he was appointed a second lieutenant (2LT) in the US Army Reserve (USAR) on 25 March 1994.  He was promoted to 1LT on 14 June 1996 while on active duty.  He contends that under the Reserve Officer Personnel Management Act (ROPMA), he should have been promoted to 1LT in 2 years (25 March 1996).  In support, he provides a copy of Title 10, US Code, Section 14303 (Eligibility for consideration for promotion:  minimum years of service in grade), a copy of DA Form 78-R (Recommendation for Promotion to 1LT/CW2), a copy of his DA Form 71 (Oath of Office-Military Personnel) showing he was commissioned on 25 March 1994, a copy of a letter from US Army ROTC Cadet Command, dated 25 March 1994, subject:  Appointment as a Reserve Commissioned Officer of the Army, a copy of a ROPMA time-in-grade slide, a copy of an Army Reserve Personnel Command internet document showing time-in-grade requirements, a copy of an Army News Service release, dated 9 February 2001, concerning ROPMA captains having to serving 8 years as lieutenants, and a copy of an Army News Service release, dated 13 March 2001, dealing with incremental promotion zones.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed as a 2LT, USAR on 25 March 1994.  He entered active duty on 14 June 1994 and became eligible for promotion to 1LT on the second anniversary of active duty service as a 2LT on the active duty list (ADL).  He was promoted to 1LT on that date (14 June 1996).

Army Regulation 600-8-29 (Officer Promotions) prescribes the officer promotion function of the military personnel system.  It is linked to AR 600-8 and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support officer promotions.  This regulation supports the objectives of the Army's officer promotion system, which include filling authorized spaces with the best qualified officers.  It also provides for career progression based upon recognition of an officer's potential to serve in positions of increased responsibility.  Additionally, it precludes promoting the officer who is not eligible or becomes disqualified, thus providing an equitable system for all officers.  It states, in pertinent part, that ADL officers will be promoted to 1LT on the second anniversary of their active duty service as a 2LT.

ROPMA, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws governing Reserve Component officers.  The law became effective on 1 October 1996.  Under ROPMA, the maximum time-in-grade requirement for a Reserve 2LT to be considered for promotion to 1LT is 2 years and that an officer selected for promotion will be promoted on or before the date that he/she completes the maximum service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was a Reserve 2LT serving on active duty.  He was promoted to 1LT in accordance with policy and procedures established in Army Regulation 600-8-29.  Specifically, he was promoted on the second anniversary of his active duty service as a 2LT.

2.  The ROPMA did not become effective until 1 October 1996.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__LLS___  __MHM__  __JTM__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001057176	
SUFFIX		
RECON		
DATE BOARDED	20010906	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.0500	
2.		
3.		
4.		
5.		
6.