RECORD OF PROCEEDINGS

	IN THE CASE OF:  SEE ATTACHED ABCMR LIST
                                           (Reserve Officer Personnel Management Act
                                           Project – Phase III - GOLD)

	BOARD DATE:  4 December 2003

	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:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Allen L. Raub		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 APPLICANTS REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicants request adjustment of their dates of rank (DOR’s) for captain.

2.  The applicants state, in effect, that their DOR’s should be adjusted to a date that reflects a maximum of 7 combined years service as a lieutenant.

3.  The applicants provide documentation that they completed the required military and civilian education for promotion prior to being promoted to captain and prior to their promotion eligibility dates, the dates they completed the required maximum years of service in grade (MYIG) for promotion purposes.  The required position vacancies, active status, medical qualifications, and security clearances have been verified, as noted by the appropriate commanders and/or personnel managers on the Promotion Qualification Statements provided with the applications.

CONSIDERATION OF EVIDENCE: 

1.  The Reserve Officer Personnel Management Act (ROPMA) was enacted effective 1 October 1996.  Among many other things, it required that second lieutenants (2LT’s) serve a MYIG of 2 years before promotion to first lieutenant (1LT), and 1LT’s serve a MYIG of 5 years before promotion to captain.  The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a 2LT and 4 years as a 1LT before promotion to captain.

2.  The ROPMA promotion boards for captain 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, they should have been convened earlier and approved approximately 100 days after the respective recess dates.

3.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary (Manpower and Reserve Affairs) acknowledged that pertinent Army agencies had agreed that the faulty promotion policy for promotion to captain should be revised, and that actions would be initiated for this purpose.  He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records (ABCMR) which could adjust DOR’s for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG as a lieutenant.
4.  Current promotion policy also requires completion of the necessary military education (officer basic course), civilian education (baccalaureate degree), and verification of assignment to a captain position as appropriate.
5.  Only officers selected for promotion to captain by Reserve Components Selection Boards after 1 October 1996 on their first-time consideration are eligible for this DOR adjustment consideration.  All of the officers eligible for adjustment of their DOR under these provisions were invited to apply to the ABCMR by Departmental promotion officials, and were provided detailed instructions and forms for this purpose.

DISCUSSION AND CONCLUSIONS:

1.  The ROPMA provisions enacted on 1 October 1996 were never intended to change the statutory requirement then in effect, requiring an individual to serve 7 years, combined, in the ranks of 2LT and 1LT before being promoted to captain.  The applicants were unjustly and unfairly required to serve beyond the required MYIG.

2.  Although the listed individuals were selected for promotion to captain the first time they were considered after the enactment of ROPMA, the untimely promotion consideration and delay of their promotions created an injustice that should now be corrected.

3.  The applicants are otherwise qualified for promotion to captain with an adjusted DOR, as determined by their appropriate commanders/managers, and have met all other prerequisites for promotion on the dates shown on the attached ABCMR List.

4.  The applicants were prevented from equitable promotion consideration, unlike others in their grade in earlier and later year groups who were considered before and after them, and were unjustly considered well after their eligibility.  They were eligible for promotion consideration prior to their MYIG date so that, if selected, they may have been promoted on or prior to their MYIG date.  They were unjustly required to serve in grade beyond the 7 years required by ROPMA and denied timely consideration.  The further delay for promotion board proceeding preparation and processing for Presidential approval compounded the unfair circumstances.  It is concluded therefore, that had they been timely considered for promotion prior to their MYIG date, and based on their first-time consideration/selection, a reasonable chance would have resulted that they would have been selected and respectively promoted on or before their MYIG date, and entitled to an earlier promotion, DOR, and pay and allowances.

BOARD VOTE:

__wm___  ___kl___  ___ar___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individuals concerned be corrected by showing that they were promoted to captain with an adjusted date of rank as indicated on the attached ABCMR List, and entitled to the pay and allowances in the higher grade on that date.

		___Walter T. Morrison__
		        CHAIRPERSON

INDEX

CASE ID	AR2003086198	
SUFFIX		
RECON		
DATE BOARDED	20031204	
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.