SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           3 July 2003
	DOCKET NUMBER:   AR2003083736

	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 9 August 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  9 August 2001.

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Patrick H. McGann 		Member	

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

	The Board considered the following additional evidence:

	Exhibit C - Application for correction of military records

	Exhibit D – Prior proceedings

THE BOARD ADDITIONALLY FINDS:

10.  The Board's previous recommendation in this case (AR2001060210) dated 9 August 2001 was for an adjusted date of rank under the Reserve Officer Personnel Management Act (ROPMA) for captain from 25 June 1998 to 14 April 1997, with entitlement to back pay and allowances in the higher grade on that date now requires further review.  

11.  The applicant submitted a second application dated 23 October 2002 and USARC Form 56-R (Promotion Qualification Statement) showing that he was assigned to a captain position effective 7 March 1997, with the 88th Division and requested that his date of rank be adjusted accordingly.  It was verified and signed by his commander on 31 October 2002.

12.  Under the circumstances the applicant was entitled to promotion to captain on 7 March 1997, provided he was assigned to a captain position on or prior to that date.

13.  The ROPMA, a public law enacted by Congress on 5 October 1994 and implemented on 1 October 1996, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve Component commissioned officers.  Under ROPMA, officers in the rank of first lieutenant who were first-time considered and selected for promotion to captain, after having served more than 7 combines years as a lieutenant may be promoted on or before their maximum time in grade (MTIG) date, providing they are in an authorized troop program unit captain position.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 9 August 2001 decision in this case as pertains to the applicant (AR2001060210), 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.

7.  Under ROPMA criteria, based on his first-time consideration/selection he should have been promoted to captain on or before his MTIG date of 30 May 1997, since he was assigned to a captain position before that date.

8.  In view of the additional factors in this case the applicant is entitled to correction of his records to show he was promoted on the date that final board action should have occurred for the 1996 Reserve Components Selection Board to captain with a promotion effective date and date of rank of 7 March 1997, with entitlement to back pay and allowances.

9.  In view of the foregoing findings and conclusions, it would be appropriate to further correct the applicant’s records as recommended below.
THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 9 August 2001 ABCMR List Case (ROPMA Project) – Phase I (Green) by showing that the individual concerned was promoted to captain with a promotion effective date and date of rank of 7 March 1997, with entitlement to back pay and allowances.

BOARD VOTE:

_KAN___  _RVO___  __PHM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    _Raymond V. O'Connor, Jr._
		        CHAIRPERSON

INDEX

CASE ID	AR2003083736	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.