MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           30 August 2001 
	DOCKET NUMBER:   AR2001057641

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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:  Reconsideration of his previous request for correction to his effective date for promotion to major with entitlement to back pay and allowances.

APPLICANT STATES:  That his original request was to have his effective date of promotion changed.  The board’s favorable decision changed his date of rank (DOR), but not his effective date.  He was informed by Defense Finance and Accounting Services that this means he is not entitled to back pay, but that a further ruling from the Army Board for Correction of Military Records (ABCMR) would change that.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 21 September 2000 (AR2000040727). 

His promotion eligibility date for major was 19 June 1999.

He was considered and selected for promotion to major by1999 Reserve Components Selection Board (RCSB) which convened on 2 March 1999.  The President approved the board on 3 January 2000.  The processing of the board results was administratively delayed.

A promotion memorandum dated 14 January 2000 was issued to him showing 3 January 2000 as his effective date and DOR for major.

On 3 April 2000, he requested that this Board (ABCMR) change his effective date of promotion to major from 3 January 2000 to 10 June 1999.

On 21 September 2000, the ABCMR recommended that his DOR for major be corrected to 10 June 1999.  The Board further concluded that notwithstanding the delay in the promotion process, his effective date of promotion should remain as 3 January 2000, the date the President actually approved the board.  The Board’s recommendation was approved on 26 October 2000.

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 became effective 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.  ROPMA further species that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.

ROPMA also specifies that the officer’s effective date of promotion will be the Presidential approval date of the board which selected the officer.

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.”

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.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his effective date for promotion to major, with entitlement to back pay and allowances.  He has not shown error, injustice, or inequity for the relief he now requests.  The previous Board’s recommendation was approved changing the applicant’s DOR for major from 3 January 2000 to 10 June 1999.  His effective date was specifically not changed. 

2.  The Board has noted his contention that his DOR was favorably changed but not his effective date.  However, his DOR was directed to be corrected to 10 June 1999 based on his first time selection by an RCSB on or before meeting the maximum time in grade requirement.  Pertinent legislation does not provide for additional pay and allowances if an officer’s promotion date is adjusted to reflect an earlier date.

3.  In similar cases, the Board has adjusted the DOR of Reserve officers in the grade of major affected by the delay in the promotion process.  The adjustments were based on these officers meeting the 7 years time in grade requirement.  The effective date of promotion for those officers remained the date the President actually approved the board and as shown on their promotion memorandums.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  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

_lds____  _rvo____  _cjp____      DENY APPLICATION

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

INDEX

CASE ID	AR2001057641	
SUFFIX		
RECON	20000921	
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.02	
3.		
4.		
5.		
6.