MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 October 2002                  
	DOCKET NUMBER:   AR2002073023

	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. Joann H. Langston  		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr.  Richard T. Dunbar		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 her date of rank for captain from 27 March 2002 to 15 October 2001, the date she was assigned to a captain position.

APPLICANT STATES:  In effect, that erroneous date of rank resulted from revision to a Reserve of the Army promotion policy implementing a Reserve Officer Personnel Management Act (ROPMA) promotion time in grade requirement.  She submits her Promotion Qualification Statement, copies of two Service School Evaluation Reports, her United States Military Academy transcript, and several officer evaluation reports in support of her application.

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

She was appointed in the Regular Army as a second lieutenant effective 29 May 1993.

She was honorably separated from active duty for unacceptable conduct effective 16 June 1995.

She was appointed in the Reserve as a second lieutenant on 15 October 1996, with an effective date of 17 June 1995.

She was promoted to first lieutenant effective 28 March 1997.  Based on the required 5 years time in grade, her maximum time in grade (MTIG) date for promotion to captain was 27 March 2002.

She was considered and selected for promotion to captain by the 2000 Reserve Components Selection Board (RCSB), which recessed on 20 December 2000.  The President approved the board results on 20 March 2001.

Her Promotion Qualification Statement shows she was assigned to the Individual Mobilization Augmentee (IMA) in a captain position effective 15 October 2001, as an IMA officer.

She was promoted to captain with a promotion effective date and date of rank of 27 March 2002, her MTIG date.

The ROPMA, a pubic 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.  Under ROPMA, an officer selected for the first-time for promotion to captain after serving 5 years as a first lieutenant may be promoted on or before the date that 

he/she completed the MTIG service.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade for promotion, unless assigned to the Individual Ready Reserve or IMA.  Officers serving in the IMA may be promoted on or after their MTIG date.

The Chief, Promotion and Notification Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant was appointed a second lieutenant, Regular Army, on 29 May 1993 and discharged from active duty on 16 May 1995 for unacceptable conduct.  The applicant accepted a Reserve appointment on 15 October 1996, effective 17 June 1995.  The United States Army Reserve Command promoted her to first lieutenant on 28 March 1997.  Based on the requirement for 5 years time in grade her MTIG date was 27 March 2002.  She was considered and selected for promotion to captain by the 2000 RCSB and promoted with a date of rank of 27 March 2002.  Based on these facts it was recommended that the applicant’s request be denied.

The opinion was forwarded to the applicant for acknowledgement/rebuttal on 23 August 2002.  She 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 of her date of rank for captain from 27 March 2002 to 15 October 2001.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  The Board has noted her contention; however, in accordance with ROPMA, an officer selected for the first-time for promotion to captain after serving 5 years as a first lieutenant may be promoted on or before the date that he/she completed the MTIG service.  The applicant was serving in an IMA organization and position, and reached her MTIG date on 27 March 2002.  She was properly promoted on 27 March, upon reaching her MTIG date, and approval of the promotion board by the President on 20 March 2001.

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

__MVT___  _JHL___  _RTD___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073023	
SUFFIX		
RECON		
DATE BOARDED	20021017	
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.