PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            21 February 2001                  
	DOCKET NUMBER:   AR2001061139

	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. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 3 January 2000 to 20 May 1999.

3.  The applicant states that his promotion date for major is incorrect and violates both the Reserve Officer Promotion Management Act (ROPMA) and Army Regulation 135-155.  His date of rank should be the date that he reached 7 years time in service as a captain that was 20 May 1999.  He also states that he was assigned to a major’s position in May 1999 and should have been promoted when he reached his maximum time in grade (MTIG) as a captain.  He submits a copy of his promotion order to captain and major. 

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 11 May 1985.  

5.  He attained the grade of captain effective 14 September 1992 with a date of rank of 20 May 1992.

6.  Based on the required 7 years time in grade, his 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 (RCSB), which convened on 2 March 1999.  The President approved the board results on 3 January 2000.  The processing of the board results was administratively delayed.

8.  The Total Army Reserve Personnel Command, Office of Reserve Promotions verified he was assigned to a major’s position prior to his MTIG date.

9.  Under 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 effective 1 October 1996.  The ROPMA provides that in order to be eligible for promotion to major the MTIG is 7 years as a captain, 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.  The ROPMA further specifies that AGR officers must be serving in a position requiring the higher grade for promotion purposes.

10.  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.”

11.  The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant was selected for promotion to major by the 1999 RCSB with a promotion eligibility date of 19 May 1999.  He was subsequently promoted on orders dated 14 January 2000 with a date of rank 21 January 2000.  The applicant was in a higher-grade position on his promotion eligibility date, and it was recommended that his date of rank be changed to 19 May 1999.  

12.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 2 January 2002.  He concurred on 5 January 2002.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 19 May 1999, his MTIG date.

2.  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.

3.  Notwithstanding the delay; the applicant is not further entitled to an adjusted effective date to include additional pay or allowances for the antedated promotion.  

4.  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 by showing the individual concerned was promoted to major with a date of rank of 19 May 1999, with no further entitlement to correction of his effective date and to additional pay and allowances based on this adjustment.

BOARD VOTE:  

_gdp____  _mhm___  _tap____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061139	
SUFFIX		
RECON		
DATE BOARDED	2001061139	
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.