PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                8 January 2002
	DOCKET NUMBER:        AR2001058430

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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, in effect, that he be paid as a captain (CPT), pay grade O-3, beginning 7 June 1996, which should be his correct date of rank and promotion eligibility date for CPT, through 13 February 1999, his last date of drill before separation.

3.  The applicant states that he was selected for promotion to CPT by a Reserve Components Promotion Advisory Board (standby advisory board).  His memorandum of promotion showed his date of rank as 7 June 1996 and his promotion effective date as 10 October 1999, the date from which his pay and allowances would be effective.  He was actively drilling in a captain’s position in a Troop Program Unit (TPU), between 7 June 1996 and 13 February 1999, and requests back pay for the difference between pay grade O-2 and O-3.  In effect, it is unjust that he should not be paid as a CPT for the drills that he performed while serving in a CPT position beginning on his date of rank.

4.  The applicant's military records show that he was an Army Reserve first lieutenant with a date of rank of 8 June 1992.  His promotion eligibility date for promotion to captain was 7 June 1996.

5.  According to a Standard Installation Division Personnel System – U. S. Army Reserve (SIDPERS-USAR) Personnel Qualification Record, prepared 25 May 1995, he was assigned to Headquarters and Headquarters Detachment, 306th Military Police Battalion, Union Dale, New York, on 11 May 1995, in the S-3 position, 0015, authorized an officer in the grade of O-4, major.  On 6 November 1996, he was reassigned to Headquarters and Headquarters Company, 
1302nd Military Police Company, in position 005, commander, a position authorized a CPT, according to the unit manning report.

6.  On 13 February 1999, he was discharged from the Army Reserve due to twice non-selection for promotion.

7.  On 10 August 1999, he was selected for promotion to CPT by a Reserve Components Promotion Advisory Board.  The applicant was selected based on the criteria for the Fiscal Year (FY) 1996 promotion board for CPT.  The FY96 promotion board had convened on 14 November 1995 and adjourned on 
15 December 1995.

8.  On 18 November 1999, the Army Board for Correction of Military Records directed that the applicant’s discharge be revoked and that he be promoted.  On 
13 February 2001, the applicant’s discharge was revoked and on 7 March 2001, he was reassigned to a TPU, Headquarters and Headquarters Company, 
800th Military Police Brigade, as the Enemy Prisoner of War and Combat Intelligence Officer, a position authorized a CPT.  On 4 April 2001, the U. S. 

Army Reserve Personnel Command published a memorandum promoting the applicant to the rank of CPT effective 10 October 1999, with a date of rank of 
7 June 1996.

9.  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.  The promotion board, FY96 board for promotion to CPT, under which criteria the applicant was selected for promotion, occurred before the implementation of ROPMA.

10.  According to provisions of Army Regulation 135-155, in effect at the time of the FY96 promotion selection board for CPT, TPU officers selected for promotion will be promoted on their promotion eligibility date, provided they are assigned to a position vacancy in a higher grade, if the date is after the adjournment date of the promotion board.  The promotion eligibility date then becomes the new date of rank.  The promotion effective date, from which the officer is eligible for pay and allowances in the higher grade, is the date the officer is assigned to a higher graded position or the promotion eligibility date if he is already assigned in a higher graded position.

CONCLUSIONS:

1.  The applicant was serving in a position authorized a major on 11 May 1995, the battalion S-3 position.  His promotion eligibility date for promotion to CPT was 7 June 1996.  He was selected for promotion to CPT based on the criteria for the FY96 promotion board which adjourned on 15 December 1995, prior to the implementation of ROPMA.  According to regulations in effect at the time, he should have been promoted to CPT on his promotion eligibility date, 
7 June 1996, since he was serving in a higher graded position on that date.  His date of rank and his promotion effective date for CPT should be 7 June 1996 and he should be provided retroactive pay and allowances at the grade, O-3, beginning on that date.

2.  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 for the individual concerned by:

	a.  showing that the effective date for his promotion to CPT, pay grade 
O-3, is 7 June 1996, and his date of rank is 7 June 1996; and

	b.  providing him pay and allowances in the pay grade O-3 beginning 
7 June 1996, that he may be due.

BOARD VOTE:  

_tlp____  _lls____  _rwa____       GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058430	
SUFFIX		
RECON		
DATE BOARDED	20020108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128 – Pay and Allowances	
2.		
3.		
4.		
5.		
6.