PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 April 2002
	DOCKET NUMBER:  AR2001061589

	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 captain (CPT) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 12 June 1998 to 22 May 1997, date of her maximum time-in- grade (MTIG) as a first lieutenant (1LT).

3.  The applicant states, in effect, that she was eligible for promotion to CPT on 22 May 1997, the date of her maximum time in grade as a 1LT.  She was selected for promotion to CPT by the 1996 Reserve Components Promotion Board which adjourned on 26 November 1996.  The board’s recommendations were approved by The President on 12 June 1998.  However, contrary to Title 10, U. S. Code, chapter 1405, section 14304, she was promoted with a DOR of 12 June 1998, instead of on 22 May 1997, the date of her MTIG.

4.  The applicant’s military records show that she was commissioned a second lieutenant in the Reserve on 13 May 1989.  She was promoted to 1LT on 
23 May 1992.  On 13 January 1997, she was assigned in a position authorized 
a CPT as the commander of the a Reserve Troop Program Unit (TPU), the 
263rd Quartermaster Company, El Paso, Texas.

5.  The applicant, whose MTIG for promotion was 22 May 1997, was considered for promotion to CPT by the 1996 Reserve Components Promotion Board.  The board adjourned on 26 November 1996.  The applicant was recommended for promotion to CPT.  The board recommendations were approved by The President on 12 June 1998.  The applicant, who was assigned in a TPU, 
was promoted to CPT by an U. S. Army Reserve Personnel Command 
(AR-PERSCOM) memorandum, dated 9 July 1998, with an “A” date of 12 June 1998, and a “B” date of “none.”  The memorandum identifies the “A” date as the effective date of promotion and states that when “none” is shown after “B”, the “A” date will be used to compute time-in-grade (TIG) for promotion to the next higher grade.  The “B” date is also called the DOR.  So the promotion effective date and the DOR are both shown as 12 June 1998.

6.  The Chief, Promotions and Notification Branch, Office of Promotions, Reserve Components, U. S. Total Army Personnel Command (PERSCOM) provided an advisory opinion stating that, if the applicant was serving in a higher graded position on her MTIG (also called her promotion eligibility date), her promotion order should be corrected to show her DOR as 22 May 1997, the same date as her MTIG.  The applicant concurred with this recommendation.

7.  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.

8.  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.

CONCLUSIONS:

1.  The applicant was not considered by a promotion board early enough to be promoted to the rank of CPT on her MTIG as a 1LT, 22 May 1997, as provided under ROPMA law.  On 22 May 1997, the applicant was serving in a position authorized an officer in the rank of CPT and, therefore, was eligible for promotion to that higher rank on that date.  As a matter of justice, her DOR for CPT should be adjusted from 12 June 1998 to 22 May 1997.  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 captain, USAR, effective 12 June 1998, with a date of rank of 22 May 1997, 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

(915) 568-1957/1120

INDEX

CASE ID	AR2001061589	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131 - Promotion	
2.		
3.		
4.		
5.		
6.