RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  8 January 2004
	DOCKET NUMBER:  AR2003085793

	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. Kathleen A. Newman		Chairperson	
	Ms. Linda M. Barker		Member	
	Mr. John T. Meixell		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction to his dates of rank for first lieutenant (1LT) and captain (CPT) and adjustment to his later promotions to major (MAJ) and lieutenant colonel (LTC).

2.  The applicant states that in 1984-1985 he was a 1LT occupying a CPT position.  After a unit vacancy board (UVB) for promotion to CPT he was accepted into the Active Guard/Reserve (AGR) Program and was not permitted to retain his CPT rank for 1 year even though the UVB preceded the AGR appointment.  He also states that his date of rank for captain should have been 17 October 1986, the date of his promotion memorandum instead of 4 November 1986, since he was already in the CPT billet.  He believes this was an oversight on the part of the First Army promotion authority and impacts a promotion board. 

3.  The applicant provides copies of his oath of office and appointment memorandums, his AGR active duty orders, his promotion memorandums for CPT and MAJ, and his officer evaluation report for the period ending 17 August 1985 indicating a CPT position.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show he was appointed in the Reserve as a second lieutenant effective 6 November 1979 at 27 years of age.  He was promoted to 1LT effective 5 November 1982.

2.  His records show he was ordered to active duty in an AGR status with a reporting date of 1 September 1985.

3.  Based on the required 6 years time in service and 4 years time in grade for promotion to CPT, his promotion eligibility dates (PED) were 5 November 1985 and 4 November 1986, respectively.  He was eligible for promotion on the latter of the two dates.

4.  His records do not show that he was considered and selected for promotion to CPT by a UVB.

5.  His records show that the OER for the period 13 October 1984 through 17 August 1985 he was rated as a 1LT in a CPT’s position.

6.  His records show he was considered and selected for promotion to CPT by the 1986 Reserve Components Selection Board (RCSB).  He was issued a promotion memorandum dated 17 October 1986 showing his date of rank for CPT as 4 November 1986.  Based on the required 7 years for promotion to MAJ his PED was 3 November 1993.
7.  He was promoted to MAJ effective 3 November 1993.  Based on the required 7 years time in grade for promotion to LTC, his PED was 2 November 2000.

8.  Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers.  This regulation, in effect at the time, specified that service requirement for promotion to captain for officers appointed prior to 1 October 1996 required a minimum of years of promotion and commissioned service.  Officers will be promoted on the latter of the two dates.  A Reserve commissioned officer’s years of service are the greater of the number of years by which the officer’s age exceeds 25 years.

9.  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 Reserve component officers.  The law was implemented on 1 October 1996.  ROPMA provides that promotion to CPT for Reserve officers required a minimum 5 years time in grade.  The requirement for meeting time in grade and years of commissioned service for officers whose age exceeded 25 years is no longer applicable.  ROPMA further specifies that promotion to MAJ and LTC required completion of 7 years each in the lower grades.

10.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant’s records revealed his date of rank for 1LT was 5 November 1982.  The time in grade requirement to CPT was 4 years; therefore, the applicant’s PED was 4 November 1986.  Prior to 1 October 1996 (Pre-Reserve Officer Personnel Management Act (ROPMA)) applicants were considered for promotion based on three computations, time in grade, time in service and date of birth plus 25 years. The applicant was considered and selected for promotion to captain by the 1986 RCSB.  This is the earliest board the applicant was eligible to be seen by based on his date of rank.  The applicant could not be promoted until the time in grade requirement was met.  In addition, time in grade requirements for CPT to MAJ and MAJ to LTC is 7 years.  The applicant was given the appropriate dates of rank for promotion to MAJ and LTC.  Based on this information, it was recommended the applicant’s request be denied.

11.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 17 October 2003.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to correction to his dates of rank for 1LT, CPT, MAJ, and LTC.  

2.  The applicant was promoted to 1LT effective 5 November 1982 and was required to complete 6 years time in service and 4 years time in grade to be eligible for promotion to CPT effective 4 November 1986.  The applicant’s assignment to an AGR CPT’s position and being rated as a captain prior to his selection by the 1986 RCSB did not entitle him to promotion to CPT effective 17 October 1986, the date of his promotion memorandum.  He could not be promoted until the time in grade and time in service requirements were met.

3.  Based on the required 7 years time in grade for promotion to MAJ he was appropriately promoted effective 3 November 1993.  With a date of rank of 3 November 1993, he was eligible for promotion to LTC effective 2 November 2000.   The applicant has been given the appropriate dates of rank for promotion to MAJ and LTC.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___kn___  ___lb___  __jm____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		__Kathleen A. Newman_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003085793	
SUFFIX		
RECON		
DATE BOARDED	20040108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.