PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             8 November 2001                 
	DOCKET NUMBER:     AR2001057455

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 for major to 20 May 1998.

3.  The applicant states that the maximum time in grade for a Reserve captain is 7 years.  He was promoted to captain effective 21 May 1991 and his correct date of rank for major should be 20 May 1998.  He also states that he has been serving in a major position since 1 January 1998.  He submits copies of his promotions for captain and major and his officer records brief (DA Pam 600-8) in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 2 June 1984.  

5.  He attained the grade of captain effective 21 May 1991.

6.  Based on the required 7 years time in grade, his maximum time in service grade (MTIG) date for major was 20 May 1998.

7.  He was considered and selected for promotion to major by the 1998 Reserve Components Selection Board (RCSB) that convened on 2 March 1998.  The President approved the board on 31 August 1998.  The processing of the board results was administratively delayed.

8.  Officer Management Division, Army Reserve Personnel Command verified that he was assigned to a major position effective 5 January 1997.

9.  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.

10.  The Reserve Officer Personnel Management Action (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 implemented on 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the MTIG 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.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve or the Individual Mobilization Augmentee.

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.”

12.  The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant was promoted to major on 31 August 1998.  He was promoted to captain on 21 May 1991.  Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date was 20 May 1998.  He was considered and recommended for promotion to major by the 1998 RCSB.  Under ROPMA, an officer cannot be promoted until the President has approved the board.  The board was approved 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 5 January 1997.  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.  It was recommended that the application be denied.

13.  The opinion was forwarded to the applicant for rebuttal on 16 July 2001.  He did not respond.

CONCLUSIONS:

1.  The opinion provided in this case has been noted; however, the applicant is entitled to adjustment of his date of rank for major to 20 May 1998, the date he met all the requirements for promotion to major.

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.

3.  Notwithstanding the delay, the effective date of his promotion should remain as 31 August 1998, 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 31 August 1998 with a date of rank of 20 May 1998.

BOARD VOTE:  

_fne____  _bje____  _kyf___ _    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001057455	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.