PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            16 July 2002                  
	DOCKET NUMBER:   AR2002071003

	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. David E. Weightman		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, Jr.		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 correction of his records to adjust his date of rank (DOR) for his promotion to first lieutenant (1LT) from 31 May 1994 to 30 May 1993, based on the Reserve Officer Personnel Management Act (ROPMA), and adjustment to his DOR for promotion to captain (CPT) from 30 August 1998 to 
30 May 1995, based on the corrected promotion to 1LT.

3.  The applicant states, in effect, that under ROPMA, he should have been promoted to 1LT on 30 May 1993, and then to CPT on 30 May 1995.  He submits his oath of office, and his officer evaluation reports (OER's) to show he was assigned to CPT positions while in the grade of 2LT (second lieutenant) and 1LT.

4.  The applicant’s military records show that he was appointed a Reserve 2LT, Aviation Branch, effective 1 June 1991, the date he executed his oath of office.  He had prior Army National Guard (ARNG) enlisted service.

5.  He was appointed in the Florida ARNG effective 12 July 1991.  His OER's do not show he was in a CPT position.

6.  He was promoted to 1LT effective 31 May 1994, upon completion of the required 3 years of time in the lower grade.

7.  Effective 19 July 1995, he was transferred to the Reserve Control Group (Individual Ready Reserve (IRR)).

8.  He was promoted to CPT effective 1 April 1999, upon completion of the required maximum time in the lower grade (MTIG).  This promotion was made under the authority of the ROPMA, requiring 5 years of time in the lower grade of 1LT.

9.  On 25 November 2000, the applicant appealed to this Board for an adjustment of his promotion date to CPT from 1 April 1999 to 25 June 1998, based upon the delay of implementation of the ROPMA in his case, and having been required to serve for 8 years for promotion to CPT instead of for 7 years, the intent of the ROPMA.  He stated in his appeal he was in the IRR at the time of the error.

10.  On 15 May 2001, this Board determined he was otherwise qualified for promotion to CPT, and recommended relief in his case to adjust his promotion date to 30 August 1998, based on an MTIG date error and promotion board delays.  On 25 June 2001 a corrected promotion memorandum was published by the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, to show his promotion date as 30 August 1998.

11.  During the current review of this case, it has been discovered the applicant was otherwise qualified and may have been promoted to CPT on his MTIG date of 30 May 1998 instead of 30 August 1998, and his records may have been further corrected to show his promotion on the MTIG date of 30 May 1998.

12.  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 the management of Reserve component officers.  The law was implemented on 1 October 1996.  ROPMA provides that Reserve officers in the grade of 2LT will be considered for promotion to 1LT after serving 2 years of MTIG without review by a selection board, and that officers in the grade of 1LT will be considered for promotion to CPT after serving 5 years of MTIG.  The total of MTIG of 7 years for promotions to 1LT and CPT did not change, but was not grand-fathered for those officers affected.

13.  The previous Reserve Officer Personnel Act provided for promotion to 1LT after 3 years of time in the lower grade, and to CPT after 4 years of time in the lower grade, totaling 7 years.

CONCLUSIONS:

1.  The applicant is not entitled to correction of his records to adjust his DOR for his promotion to 1LT from 31 May 1994 to 30 May 1993 based on the ROPMA, or to adjustment of his DOR for promotion to CPT from 30 August 1998 to 
30 May 1995 based on his requested correction of his promotion to 1LT.

2.  The ROPMA was implemented on 1 October 1996 and was not applicable concerning the applicant's promotion to 1LT on 31 May 1994.  He was properly promoted to 1LT after serving 3 years of time in the lower grade of 2LT.

3.  The applicant's contention that he should have been promoted to CPT on 
30 May 1995, based on his proposed correction of his promotion to 1LT effective 30 May 1993, is not valid.  His promotion to 1LT on 31 May 1994 was proper.  He incorrectly bases his contention on receiving a promotion to 1LT based on the ROPMA after completing only 2 years of time in the lower grade of 2LT.  The ROPMA was not in effect until 1 October 1996, well after his promotion to 1LT. The requirement at the time of his promotion to 1LT was completion of 3 years of time in the lower grade of 2LT.  Based on the foregoing, he is not eligible for promotion to CPT on 30 May 1995.

4.  After serving a total of 7 years on 30 May 1998, his MTIG date for promotion to CPT, the applicant was then eligible for promotion to CPT, providing he was otherwise qualified.  Upon his application to this Board, he was found otherwise qualified for the promotion to CPT effective 30 August 1998.  His promotion date was corrected to that date.  However, upon a current review of his records, it has been determined that under the circumstances at the time, he should have received an adjusted promotion date to CPT of 30 May 1998, not 30 August 1998, and his records should be further corrected accordingly.

5.  The applicant's contention concerning placement in a CPT position has not been shown, and is a moot point.  He was promoted to 1LT under the provisions of the ROPA, requiring the completion of 3 years in the lower grade.  He has not shown authority for an earlier promotion to 1LT.  His promotion to CPT is based on the ROPMA provisions, and in his case, with an MTIG date of 30 May 1998, he was in the IRR and not in a Troop Program Unit allowing a promotion earlier than his MTIG date.  He did not need to occupy a position while in the IRR for promotion on his MTIG date.

6.  The Board notes that at the time the applicant was previously given an adjusted DOR, as recommended by this Board, he was also awarded back pay and allowances based on the MTIG date error and promotion board delays.  The Board concludes that the same pay provisions apply in this case.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to CPT with an adjusted DOR of 30 May 1998, and entitled to the pay and allowances in the higher grade on this date.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_fne____  _mhm___  _dph____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071003	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.