PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  18 April 2002
	DOCKET NUMBER:  AR2001062505

	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 his date of rank (DOR) for major be adjusted from 25 July 2001, to his maximum time-in-grade (MTIG) date as a captain, 9 June 2001.

3.  The applicant states, in effect, that under the Reserve Officer Promotion Management Act (ROPMA), as stated in Title 10, U. S. Code, Section 14304, he should have been promoted to major with a DOR of 9 June 2001, the date on which he reached 7 years MTIG as a captain.  He was selected for promotion to major by the 2001 U. S. Army Reserve (USAR) Army Medical Department (AMEDD) Promotion Board and promoted on 25 July 2001, with a DOR of 
25 July 2001.

4.  The applicant’s military records show that his DOR for captain, USAR, was 
10 June 1994.  The date of his MTIG as a captain was 9 June 2001.  On that date, he was assigned in the Active Guard Reserve (AGR) program as a Personnel Management Officer, a position authorized a major, in the Full Time Management Office of the U. S. Army Reserve Personnel Command.  By a 
U. S. Total Army Personnel Command memorandum, dated 23 August 2001, he was promoted to major, USAR, with a DOR and effective date of 25 July 2001.

5.  The applicant was selected for promotion to major by the 2001 USAR AMEDD Promotion Board which convened on 26 March 2001, adjourned on 20 April 2001, whose recommendations were approved by the President on 
25 July 2001, and the results announced on 23 August 2001.

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.  An officer in the Active Guard Reserve (AGR) program must be assigned to the next higher-grade position to be promoted to the next higher grade.

8.  The Office of Promotions, Reserve Components, U. S. Total Army Personnel Command, provided an advisory opinion that the applicant was promoted with a DOR of the date the President approved the promotion recommendations and that the application be denied.  The applicant provided rebuttal that the advisory opinion was not in accordance with the Title 10, U. S. Code, section 14304, and requested that his DOR be adjusted as requested.

CONCLUSIONS:

1.  The applicant was not considered by a promotion board early enough to be promoted on his MTIG as a captain, 9 June 2001, to the rank of major, as provided by law under ROPMA.  On 9 June 2001, the applicant was serving in a position authorized an officer in the rank of major and, therefore, was eligible for promotion to that higher rank on that date.  As a matter of justice, his DOR for MAJ should be adjusted from 25 July 2001 to 9 June 2001.  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 he was promoted to major, USAR, effective 25 July 2001, with a date of rank of 9 June 2001, 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	AR2001062505	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	1-2.07 – Date of Rank	
2.		
3.		
4.		
5.		
6.