PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 August 2003                  
	DOCKET NUMBER:   AR2003086365

	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. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers 		Member	
	Mr.. Frank C. Jones, II		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 correction to his date of rank for major from 3 January 2000 to 21 May 1999.

3.  The applicant states that his promotion orders were never backdated to 21 May 1999, the date he completed the seven year maximum time in grade (MTIG) requirement for promotion to major.  He claims that the release date of the 1999 major promotion board was delayed until 3 January 2000.  In support of his request, he submits copies of his promotion orders for captain and major and his officer evaluation report for the period 21 May 1999 to 20 May 2000, which shows he served in a major’s position.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant on 18 May 1985.  He was promoted to captain on 17 May 1992, and based on the seven year MTIG provisions for promotion to major, his promotion eligibility date (PED) for that rank was established as 16 May 1999.

5.  On 21 May 1999, the applicant was assigned to a major’s position in Troop Program Unit (TPU) in Warwick, Rhode Island.  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.  

6.  The President approved the results of the 1999 RCSB board on 3 January 2000.  As a result, the applicant was promoted to major with a date of rank and promotion effective date of 3 January 2000.  

7.  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.  It was implemented on 1 October 1996, and it established that the MTIG for a captain is seven 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. 

8.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve in order to be promoted, and that promotions cannot be effective prior to approval of respective boards by the President.

9.  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.  

10.  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.”

11.  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 an adjustment to his date or rank for major to 21 May 1999 based on his assignment to a major’s position and the processing delays of the 1999 RCSB.  

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 21 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.

BOARD VOTE:  

_TSK____  _WDP___  _FCJ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Ted S. Kanamine____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086365	
SUFFIX		
RECON		
DATE BOARDED	20030812	
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.