PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 April 2002
	DOCKET NUMBER:  AR2001060223

	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. Fred N. Eichorn		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Barbara J. Ellis		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 her date of rank (DOR) for promotion to major (MAJ) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 31 August 1998 to 20 May 1998.

3.  The applicant states, in effect, that she was eligible for promotion to MAJ on 20 May 1998, which was 7 years from her DOR for captain (CPT).  She was selected for promotion to MAJ by the 1998 Major Reserve Component Promotion Board, whose recommendations were approved on 31 August 1998.  However, contrary to Title 10, U. S. Code, chapter 1405, section 14304, she was promoted with a DOR of 31 August 1998, instead of 20 May 1998.

4.  The applicant’s military records show that she, a Reserve officer, was promoted to CPT effective 21 May 1991 with a DOR of 21 May 1991.  On 20 May 1998, she was serving in the 81st Regional Support Command Headquarters in a transportation officer position authorized an officer in the rank of MAJ.

5.  She was selected for promotion to MAJ by the 1998 Reserve Component Mandatory Promotion Selection Board which convened on 24 March 1998 and adjourned on 29 April 1998.  The promotion board’s recommendations were approved on 31 August 1998.  The U. S. Total Army Personnel Command (PERSCOM), St. Louis, issued a memorandum, dated 7 October 1998, promoting the applicant to MAJ with an “A” date of 31 August 1998.  The memorandum identifies the “A” date as the effective date of promotion and the date from which time-in-grade will be calculated for promotion to the next higher grade.  On 1 November 1998, she was placed on Active Guard Reserve (AGR) duty in which she currently serves.

6.  The Reserve Officer Personnel Management Act (ROPMA), a public law under Title 10, U. S. Code, enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers.  The ROPMA law became effective 1 October 1996.  Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion, the promotion may be effective on or before the date on which the officer will complete the MTIG.  The MTIG for promotion to captain is 5 years as a first lieutenant; for promotion to major is 7 years as a captain; for promotion to lieutenant colonel is 7 years as a major.

7.  Army Regulation 135-155 (Army National Guard and U. S. Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers), paragraph 4-21, states, “The effective date and date of promotion, to 

include officers recommended on a second or subsequent mandatory board, will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer meets maximum TIG, whichever is later.”  Pay and allowances are paid at the new rank based on the effective date.  Time in grade for consideration for promotion to the next higher grade is calculated from the DOR.  The regulation also states that an officer in a Reserve Troop Program Unit (TPU) must be assigned to the next higher-grade position to be promoted to the next higher grade.

8.  The Office of Promotions, Reserve Components, Total Army Personnel Command, St. Louis, provided an advisory opinion that the applicant’s B-date (DOR) be adjusted from 31 August 1998 to 20 May 1998, the date she met MTIG, and that her A-date, effective date of promotion, remain 31 August 1998.  On 4 September 1998, the applicant was mailed a copy of the opinion and provided opportunity to concur or rebut the opinion.  As of this date, the Board has not received a reply from the applicant.

CONCLUSIONS:

1.  The applicant was not considered by a promotion board early enough to be promoted to the rank of MAJ on her MTIG as a CPT, 20 May 1998, as provided under ROPMA law.  On 20 May 1998, the applicant was serving in a position authorized an officer in the rank of MAJ and, therefore, was eligible for promotion to that higher rank on that date.  As a matter of justice, her DOR for MAJ should be adjusted from 31 August 1998 to 20 May 1998.  However, such adjustment does not change the effective date of promotion and does not entitle the officer to additional pay and allowances.

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 showing that she was promoted to major, USAR, effective 31 August 1998, with a date of rank of 20 May 1998, with no further entitlement to additional pay or allowances based on these adjustments.

BOARD VOTE:  

___fe___  __rb___  __be____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001060223	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.07 – Date of Rank	
2.		
3.		
4.		
5.		
6.