PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           17 July 2003                  
	DOCKET NUMBER:   AR2003083948

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston  		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Regan K. Smith		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, in effect, correction to his date of rank for major from 2 January 2000 to 22 August 1999.

3.  The applicant states that his promotion was never corrected based on the 7 years maximum time in grade (MTIG) requirement established by the Army Reserve Personnel Command for promotion to major.  He also states that the 1999 major board was delayed until 3 January 2000.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 25 May 1985.

5.  He attained the rank of captain effective 20 May 1992.  Based on the required 7 years time in grade, his MTIG date for promotion to major was 19 May 1999.

6.  His records show he was serving in a troop program unit major position on 17 May 1999.

7.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB), which convened on 2 March and adjourned on 2 April 1999.  The President approved the results of the board on
3 January 2000. 

8.  The applicant was promoted to major with a date of rank and promotion effective date of 3 January 2000.

9.  The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribed policies and procedures to consolidate and modernize the laws governing the management of Reserve component officers.  

10.  ROPMA was implemented on 1 October 1996, and it established that the MTIG for a captain is 7 years, and that an officer selected for promotion to major the first time he/she is considered will be promoted on or before the date that he/she completes the MTIG. 

11.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.  Promotion cannot be effective prior to approval of respective boards by the President.

12.  The ROPMA promotion boards for major were administratively delayed.  In some cases the Presidential approvals of the results of the pertinent promotion 
boards were also administratively delayed.  Based on normal processing, the boards should have been approved approximately 100 days after their respective recess dates.  

13.  Title 10, United States Code, section 14308(c)(2) states that “Except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.”

14.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that time in grade for a commissioned officer is 7 years in the grade of captain for promotion to major.  The regulation also specifies that Reserve unit officers will be promoted provided they are assigned to a position in the higher grade and the date of rank will be the date the officer attained the MTIG or the date on which assigned to a position in the higher grade.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date or rank for major to 19 May 1999, based on the processing delays of the 1999 promotion board.  

2.  The respective promotion board and the processing of the promotion board results were administratively delayed through no fault of the applicant, and he should not be penalized for the delay. 

3.  Notwithstanding the delay, the effective date of promotion shall remain as 3 January 2000, the date the President approved the board, and the applicant is not further entitled to additional pay and allowances for the date of rank adjustment.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major effective 3 January 2000, with a date of rank of 19 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.

BOARD VOTE:  

__RKS___  _JTM___  _JHL___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Joann H. Langston ___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083948	
SUFFIX		
RECON		
DATE BOARDED	20030117	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.