MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            23 April 2002                  
	DOCKET NUMBER:   AR2002066321

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyl		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 date of rank for lieutenant colonel from 27 September to 4 April 2001.

APPLICANT STATES:  That according to Title 10 and Army Regulation 135-155, Promotion of Active Guard/Reserve (AGR) officers, his date of rank for promotion to the next higher rank should be no greater than his maximum time in grade which is 7 years and is 4 April 2001.

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

He was appointed in the Reserve, Chaplain Branch, as a first lieutenant effective 6 April 1982.  He was promoted to captain effective 5 April 1986.

He was appointed in the Nevada Army National Guard (ARNG) effective 13 April 1990.

He was promoted to major effective 4 April 1994.  Based on the required 7 years time in grade for promotion to lieutenant colonel his maximum time in grade (MTIG) date was 3 April 2001.  

He was appointed in the Arkansas (AR) ARNG effective 18 July 1995.

He was honorably separated from the AR ARNG effective 16 January 1996 and transferred to the USAR Control Group (Individual Ready Reserve (IRR)).

He entered into the AGR program effective 15 December 1998.

He was considered and selected for promotion to lieutenant colonel by the 2000 Reserve Components Selection Board (RCSB).  The President approved the results of the board effective 9 February 2001.

Officer Management Division verified that he went into the higher-grade position effective 27 September 2001, as an AGR officer.

A promotion memorandum dated 23 October 2001 was issued to him showing his date of rank and promotion effective date for lieutenant colonel as 27 September 2001.

The Reserve Officer Personnel Management Act (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 IRR.

Title 10, United States Code, chapter 1405, provides for promotion of officers selected for the first time by an RCSB at any time on or before their maximum time in grade date.

The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command (PERSCOM), expressed the opinion that the applicant was selected by the 2000 RCSB and promoted with a date of rank of 27 September 2001.  His date of rank to major was 4 April 1994.  Promotion to lieutenant colonel required 7 years time in grade, therefore making his promotion eligibility date to 3 April 2001.  Under ROPMA, an officer cannot be promoted until the President has approved the board.  The board was approved on 9 February 2001 and the results were released on 15 March 2001.  Officer Management Division verified that the applicant went into the position requiring the higher grade on 27 September 2001 as an AGR officer.  He was issued a promotion memorandum on 23 October 2001, with a date of rank of 27 September 2001.  Based on this information, the earliest date the officer can receive is 27 September 2001, and recommended his request be denied.  

The opinion was forwarded to the applicant for acknowledgement and possible rebuttal on 13 February 2002.  He did not respond.

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

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank for lieutenant colonel to 4 April 2001.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that he reached the MTIG date on 4 April 2001; however, the applicant was not in a higher graded position on 4 April 2001 and could not otherwise be given an earlier date of rank.  He was assigned to a lieutenant colonel position as an AGR officer effective 27 September 2001; therefore, his date of rank for lieutenant colonel was correctly established as the date he was assigned to a higher graded position. 

3.  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.

4.  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

__mdm___  _kak____  _tl_____   DENY APPLICATION

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

INDEX

CASE ID	AR2002066321	
SUFFIX		
RECON		
DATE BOARDED	20020423	
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.