PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:              15 November 2001                
	DOCKET NUMBER:      AR2001060222

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 20 May 1999.

3.  The applicant states, in effect, he was promoted to captain on 20 May 1992 and was promoted to major on 3 January 2000.  He believes he is entitled to promotion to major upon 7 years time in grade.  He submits copies of his promotions for captain and major in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve from the Reserve Officer’s Training Corps as a second lieutenant effective 19 May 1985.  

5.  He was promoted to first lieutenant effective 21 May 1988 and to captain effective 20 May 1992.

6.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for major was 19 May 1999.

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

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

9.  The Army Reserve Personnel Command, Officer Management Division verified he was assigned a major’s position on 6 June 1999.

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 as 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 completes the maximum service.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade when assigned to a unit.

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 captain on 20 May 1992.  Promotion to major required 7 years time in grade; therefore, his promotion eligibility date was 19 May 1999.  He was considered for promotion to major by the 1999 RCSB and recommended for promotion.  Under ROPMA, an officer cannot be promoted until the President has approved the board.  The board was approved on 3 January 2000 and the results were released on 14 January 2000.  Officer Management Division verified that he went into the position requiring the higher grade on 6 June 1999.  He was issued a promotion memorandum on 14 January 2000, with a date of rank of 3 January 2000, since this was the day the President approved the board. Based on this information, it was recommended that the application be denied.

13.  The opinion was forwarded to the applicant for rebuttal on 4 October 2001.  In his rebuttal dated 29 October 2001 he further requests his DOR be changed to 19 May 1999.  He also states that Officer Management Division is incorrect in its findings that he went into a position authorized for the grade of major on 6 June 1999.  He has held a position authorized for a major since 30 January 1998 based on his Officer Record Brief (ORB).

14.  The ORB submitted by the applicant does not show he was assigned to a major position on 30 January 1998.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his DOR for major to 6 June 1999, the date he was assigned to the higher graded position.

2.  The Board notes the applicant’s contention that he was assigned to a position authorized for a major since 30 January 1998; however, he has not provided substantive evidence to support his contention.  It is also noted that without documentation of assignment to a higher graded position prior to 6 June 1999, he is not eligible for adjustment to his DOR for major prior to 6 June 1999.

3.  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.

4.  Notwithstanding the delay, the effective date of his promotion should remain as 3 January 2000, the date the President approved the board.

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 3 January 2000 with a date of rank of 6 June 1999.

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

BOARD VOTE:  

_sk_____  _inw___  _kah____     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060222	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.