PROCEEDINGS

	IN THE CASE OF:       	

	BOARD DATE:            31 January 2002                  
	DOCKET NUMBER:   AR2001061048

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Ms. Regan K. Smith		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 from 27 August 1997 to 27 August 1995.

3.  The applicant states that this will make him eligible for promotion to lieutenant colonel.  He also states that he has maintained a Reserve commission during his total tenure in the military since 30 June 1983 and has a total of 18 years time in service.  He also states that because he is relatively new to the Army Reserve, he did not understand the requirements for promotion to lieutenant colonel until attending a Reserve promotion system class.  He submits his promotion memorandum for major dated 2 October 1997 and his separation document (DD Form 214) in support of his request.

4.  The applicant’s military records show that while serving as a Reserve commissioned officer on active duty.  He was promoted to captain effective 1 July 1989.

5.  His maximum time in grade (MTIG) date for Reserve promotion to major was 30 June 1996; however, he was on active duty on that date.  

6.  He was honorably separated from active duty for non-selection, permanent promotion, effective 30 December 1996.  He was transferred to a Reserve troop program unit.  His MTIG was adjusted to 31 December 1996, the date after his release from active duty.

7.  The applicant was assigned to a major’s position on 26 January 1997.

8.  He was considered and selected for promotion to major by the 1997 Reserve Components Selection Board.  The President approved the board on 27 August 1997.

9.  A Promotion Memorandum dated 2 October 1997 was issued to the applicant showing his date of rank and effective date for major as 27 August 1997.

10.  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 maximum time in grade 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. 

11.  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 completes the maximum service.  The same MTIG provision applies for promotion from major to lieutenant colonel.

12.  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.”

13.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was on active duty on 27 August 1995; therefore, he is not eligible for a Reserve date of rank of 27 August 1995.  The applicant was selected for promotion to major by the 1997 RCSB with a promotion eligibility date of 31 December 1996, based on his release from active duty on 30 December 1996.  He was subsequently promoted on orders dated 2 October 1997, with a date of rank of 27 August 1997, the date the President approved the board.  The applicant was assigned to a higher graded position on 26 January 1997; therefore, 26 January 1997 is the earliest DOR for which he is eligible.  In view of the facts presented, it was recommended that the applicant’s request for a date of rank of 27 August 1995 be disapproved.

14.  The opinion was forwarded to the applicant for rebuttal on 27 November 2001.  He did not respond. 

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 26 January 1997, the date he was assigned to the higher graded position.

2.  The Board also notes his contention that he was eligible for a date of rank for major of 25 August 1995.  However, the applicant was on active duty on this date, he was released from active duty on 30 December 1996, and not eligible for a Reserve promotion.

3.  The Board further notes that his MTIG date was adjusted to 31 December 1996 and he was not assigned to a major’s position until 26 January 1997; therefore this is the earliest date of rank for which he is eligible.

4.  The processing of the 1997 promotion board results were administratively delayed through no fault of the applicant, and he should not be penalized for the delay.

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 with a date of rank of 26 January 1997.

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

BOARD VOTE:  

_rvo___  _rks____  _eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061048	
SUFFIX		
RECON		
DATE BOARDED	20020131	
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.