MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            7 May 2002                  
	DOCKET NUMBER:   AR2002067492

	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. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin 		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:  Adjustment to his dates of rank for first lieutenant and captain.

APPLICANT STATES:  That his date of rank for first lieutenant should be based on his date of rank for second lieutenant of 11 May 1990.  Under the Reserve Officer Personnel Management Act (ROPMA) the time in grade change for second lieutenant to first lieutenant is going down from 3 years to 2 years.  He also states that under ROPMA the time in grade change for first lieutenant to captain is going down from 5 years.  He submits copies of his appointment memorandum and acceptability memorandum in support of his request.

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

He was appointed in the Reserve from the Reserve Officers Training Corps as a second lieutenant effective 11 May 1990.

He was appointed in the Tennessee Army National Guard (TNARNG) effective 25 May 1990.  

He was promoted to first lieutenant effective 30 May 1993.  Based on the required 4 years maximum time in grade (MTIG) date as a first lieutenant, his promotion date for captain was 29 May 1997.

He was separated from the TNARNG effective 3 December 1993 and transferred to the North Carolina ARNG.

He was not considered for promotion to captain by the 1996 Reserve Components Selection Board (RCSB).  At the time, he was not qualified for promotion based on his lack of the required civilian education.

He was considered and not selected for promotion to captain by the 1997 RCSB. He was not qualified for promotion based on the lack of the required civilian education.

He completed his Baccalaureate (BA) degree on 15 March 1998.

He was considered and selected for promotion to captain by the 1998 RCSB, which recessed on 11 December 1998.  The President approved the board on 1 April 1999.

On 5 June 1999, he voluntarily elected a delay of promotion until 28 May 2001.

He was extended Federal recognition for promotion to captain effective 21 January 2000.

Army Regulation 135-155, in effect at the time, prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that Reserve officers in the grade of second lieutenant will be considered for promotion after serving 3 years time in grade without review by a selection board. This will be determined far enough in advance to permit promotion on the date promotion service is completed.

The 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 1 October 1996.  ROPMA provides that Reserve officers in the grade of second lieutenant will be considered for promotion to first lieutenant after serving 2 years time in grade without review by a selection board.  It provided that first lieutenants may be promoted to captain after 5 years of time in grade.

The ROPMA also specifies that in order to be qualified for promotion to captain, an individual must have completed 7 years of time in grade as a lieutenant, and an officer basic course, and a BA degree on or before the convening date of the respective promotion board.  

The ROPMA further specifies that selected officers may voluntarily delay promotion for up to 3 years.

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 dates of rank for first lieutenant or captain. He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that his date of rank for first lieutenant should be based upon his date of rank for second lieutenant and the ROPMA time in grade change.  However, the applicant was appointed as a second lieutenant effective 11 May 1990 and promoted to first lieutenant effective 30 May 1993, prior to the implementation of ROPMA, which became effective 1 October 1996.  The Board also notes that promotion to first lieutenant prior to ROPMA required completion of 3 years time in the lower grade.

3.  The applicant’s date of rank for first lieutenant effective 30 May 1993 was proper.  He has not shown otherwise.

4.  The Board also notes his contentions that his date of rank for captain should be based on the ROPMA time in grade change.  The applicant’ s records were erroneously omitted from the calendar year 1996 promotion board; however, he has no basis for consideration by a special selection board under 1996 criteria since he did not complete his BA degree until 15 March 1998.  The officer was considered by the 1997 RCSB and not recommended because he was not educationally qualified.  He was considered and recommended for promotion to captain by the 1998 promotion board and Federal recognition was extended for promotion to captain effective 21 January 2000, based on his promotion delay and positioning in a captain position on that date.  Therefore, he has no basis for correction to his date of rank for captain. 

5.  The applicant’s date of rank for captain of 21 January 2000 was proper.  He was not eligible for an earlier promotion under the ROPMA provisions since he was previously non-selected.  He has not shown otherwise.

6.  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.

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

_sac____  _jtm____  _kwl____     DENY APPLICATION

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

INDEX

CASE ID	AR200267492	
SUFFIX		
RECON		
DATE BOARDED	20020507	
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.