PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  6 June 2002
	DOCKET NUMBER:  AR2002066317

	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. Stanley Kelley		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. John T. Meixell		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 lieutenant colonel (LTC) be corrected from 6 February 2001 to 15 December 2000.

3.  The applicant states, in effect, that he was promoted to LTC in an Active Guard Reserve (AGR) position on 6 February 2001 with a DOR of 6 February 2001.  His date of maximum time-in-grade (MTIG) as a major (MAJ) for promotion to LTC was 15 December 2000.  Army Regulation 135-155, 
paragraph 4-21d, states that for an AGR officer selected for promotion, the 
DOR will be the date the officer attained MTIG or the date on which the officer is assigned to a position in the higher grade, whichever is earlier.

4.  The applicant’s military records show that he was a MAJ with a DOR of 
16 December 1993, serving in an AGR major’s position in the 90th Reserve Support Command (RSC) since 28 April 1999.  His MTIG date as a MAJ for promotion to LTC was 15 December 2000.  He was selected for promotion to LTC by the 1999 Department of the Army Reserve Components Mandatory Promotion Selection Board that convened on 8 September 1999, adjourned on 
8 October 1999, and whose recommendations were approved on 12 April 2000.  On 6 February 2001, the applicant was assigned to a LTC AGR position in the 90th RSC as a result of a unit realignment and position reclassification.  On 
6 February 2001, the Total Army Personnel Command (PERSCOM) issued a promotion memorandum promoting the applicant to LTC with an effective date of 6 February 2001, and a DOR of 6 February 2001.

5.  Army Regulation 135-155 (Army National Guard and U. S. Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers), paragraph 4-21d, states, “AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade.  An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status.  The date of rank (DOR) will be the date the officer attained maximum TIG (MTIG) or the date on which assigned/attached to a position in the higher grade, whichever is earlier.”  The MTIG for promotion to LTC is 7 years as a MAJ.  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.  Adjustment of the DOR does not authorize additional pay or allowances.

6.  The Office of Promotions, Reserve Components, PERSCOM, St. Louis, provided an advisory opinion that the applicant’s DOR should be adjusted to 
15 December 2000.  The applicant was provided a copy of this opinion but has not provided any rebuttal.

CONCLUSIONS:

1.  The date of the applicant’s MTIG as a MAJ for promotion to a LTC was 
15 December 2000.  He was selected for promotion to LTC prior to that date.  He was promoted to LTC on 6 February 2001, the date he was assigned to an AGR LTC position.  According to regulation and the advisory opinion, his DOR for LTC should be corrected to the date of his MTIG, 15 December 2000, with an effective date of 6 February 2001.

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 his DOR for LTC is 15 December 2000, with an effective date of 6 February 2001.

BOARD VOTE:  

__sk____  ___to___  ___jm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Stanley Kelley___
		        CHAIRPERSON

INDEX

CASE ID	AR2002066317	
SUFFIX		
RECON		
DATE BOARDED	20020606	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.07 – Date of Rank	
2.		
3.		
4.		
5.		
6.