MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 February 2002                  
	DOCKET NUMBER:   AR2001061261

	I certify that hereinafter is recorded the record of consideration 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	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction to his promotion date for lieutenant colonel.

APPLICANT STATES:  That he was assigned to his present unit since 15 February 2000 and was in a lieutenant colonel’s position as a Regular Small Group Leader.  His promotion date for major was 25 April 1994 and he held the rank of major for over 3 years and was in a troop program unit (TPU), thus promotable.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Georgia Army National Guard (GA ARNG) as a second lieutenant effective 28 April 1979.

He attained the rank of major effective 25 April 1994.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to lieutenant colonel was 24 April 2001.

He was reassigned to a TPU with the Puerto Rico ARNG effective 7 March 1995.

He was considered and selected for promotion to lieutenant colonel by the 2000 Reserve Component Selection Board (RCSB), which recessed on 6 October 2000.  The President approved the board on 8 February 2001.

A promotion memorandum dated 8 March 2001 was issued to him showing 8 February 2001 as his promotion date for lieutenant colonel.

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 lieutenant colonel the MTIG for a major 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.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his promotion date for lieutenant colonel.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions that he was promoted to major effective 25 April 1994 and was in a lieutenant colonel’s position, thus he was promotable. However, his first eligible board that recessed on 6 October 2000 and was approved by the President on 8 February 2001 appropriately considered the applicant.  

3.  It is also noted that the applicant’s promotion date for lieutenant colonel has been established as 8 February 2001, which is earlier than his MTIG date of 24 April 2001; therefore, he has received the earliest promotion date for lieutenant colonel he is entitled to receive.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_jtm____  _rvo____  _jtm____      DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061261	
SUFFIX		
RECON		
DATE BOARDED	20020228	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.