SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           14 February 2002
	DOCKET NUMBER:   AR2002068390

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 6 November 2001 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 6 November 2001.

	Mr. John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John E. Denning		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit 

THE BOARD ADDITIONALLY FINDS:

10.  The Board’s previous recommendation in this case (AR2001064132) on 6 November 2001 was for an adjusted date of rank for his rank of captain to 8 October 2000, with entitlement to pay and allowances in the higher grade on that date.  The recommendation was approved on 19 November 2001.

11.  On 4 February 2002, an official of the Defense Finance and Accounting Services contacted a staff member of the Board and advised her that pay records show the applicant presently has a date of rank for captain of 1 June 2000.  The official also advised the staff member that the applicant will lose pay and benefits by changing his date of rank from 1 June to 8 October 2000.

12.  On 8 February 2002, the staff member contacted the applicant and verified his date of rank as 1 June 2000.  He stated he filed the application only as directed by the AR-PERSCOM.  He acknowledged the application may have been incomplete and showed he was assigned to a captain position on 8 October 2000.  

13.  On 12 February 2002, the staff member of the Board confirmed that the applicant was promoted to captain with a date of rank of 1 June 2000.

14.  Promotion boards for captains were administratively delayed during 1996 through 1999.  The Presidential approvals of the results of the pertinent promotion boards were also administratively delayed.  Based on the normal processing, they should have been convened earlier and approved approximately 100 days after the respective board recess dates.

15.  The Acting Principal Deputy Assistant Secretary of the Army (Manpower and Reserve Affairs) acknowledged that pertinent Army agencies had agreed that the faulty promotion policy for promotion to captain under the Reserve Officer Personnel Management (ROPMA) should be revised.  He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records which could adjust the date of rank for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined maximum years of service in grade as a lieutenant.  Applicants were invited to apply directly to the Army Board for Correction of Military Records for date of rank adjustments showing their current and requested date adjustments.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 6 November 2001 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of his promotion to captain.  However, 

adjusting the applicant’s date of rank to a later date than that of current record is detrimental to him, causing him a loss of pay and delayed future promotion consideration.  The policy of the board is not to render a record any worse off than it was before the Board’s determination.

7.  The Board’s previous action in this case clearly was detrimental to the applicant and will cause a pay collection and a negative impact on his career, not intended by the Board.  

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below to show there is no longer a basis for adjusting the applicant’s date of rank for captain, by showing his date of rank for captain remains as 1 June 2000, and that the Board’s previous determination was denial of his request.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by deleting the applicant’s name from the 6 November 2001 ABCMR List Case (ROPMA Project) – Phase III (Gold), by showing his request for an adjusted date of rank is denied and by showing his date of rank for captain remains as 1 June 2000.

BOARD VOTE:

_bje____  _jns____  _jed____     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR200268390	
SUFFIX		
RECON	2001064132	
DATE BOARDED	20020214	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.700	
2.		
3.		
4.		
5.		
6.