PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 September 2003                  
	DOCKET NUMBER:   AR2003086645

	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. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann, Jr.		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 adjustment to his date of rank for major and promotion consideration for lieutenant colonel under 2002 criteria.

3.  The applicant states that he served 8 years time in grade as a captain and he should have only served 7 years.  In support of his request he submits copies of his promotion orders for captain and major.

4.  The applicant’s military records show that he was commissioned in the Regular Army as a second lieutenant effective 2 December 1985.

5.  He attained the rank of captain effective 1 September 1989.  He was separated from active duty effective 25 May 1990 and transferred to the Army Reserve and assigned to a troop program unit (TPU).

6.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 31 August 1996.

7.  He was assigned to the Active Guard/Reserve (AGR) Program effective 9 September 1996.

8.  The Office of Promotions, Reserve Components, Total Army Personnel Command verified that the applicant was assigned to a AGR major’s position effective 10 September 1996.

9.  He was considered and selected for promotion to major by the 1997 Reserve Components Selection Board (RCSB), which convened on 11 March 1997 and recessed on 11 April 1997.  The President approved the board results on 27 August 1997.

10.  He was subsequently promoted to major with a promotion effective date and date of rank of 27 August 1997, the date the President approved the board.  

11.  Based on the required 7 years time in grade for promotion to lieutenant colonel and date of rank for major of 10 September 1996, his MTIG date for promotion to lieutenant colonel was 9 September 2003.

12.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation specifies that in order to be qualified for promotion to major an individual must have completed 7 years of MTIG as a captain.  AGR officers selected by a mandatory board will be promoted (promotion effective date) provided they are assigned/attached to a position in the higher grade.  An AGR officer’s date of rank will be the date he/she attains the MTIG or the date on which assigned to a higher graded position, whichever is earlier.

13.  The regulation also specifies that an officer shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete the required years of service.

14.  Army Regulation 135-155 further specifies that promotion reconsideration by a Standby Advisory Board (STAB) or a Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record of a commissioned officer at the time of consideration.  A STAB is required for reconsideration for 1995 and earlier criteria prior to 1 October 1996, and an SSB is required for 1 October 1996 and later.  It further specifies that promotion reconsideration by a STAB for criteria prior to the Reserve Officer Personnel Management Act (ROPMA), implemented on 1 October 1996, may only be based upon ABCMR determination approved by the Secretary of the Army.  Approval for criteria after the ROPMA by an SSB may be accomplished by the PERSCOM.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 31 August 1996, his MTIG date and a promotion effective date of 10 September 1996, the date he was assigned to an AGR major’s position, in accordance with the pertinent regulations.

2.  The Board notes that based on this correction to his date of rank for major to 31 August 1996, his MTIG date for promotion to lieutenant colonel is 30 August 2003; therefore, he is entitled to promotion consideration to lieutenant colonel under 2002 criteria.

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

RECOMMENDATION:

1.  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 10 September 1996, with a date of rank of 31 August 1996, with entitlement to additional pay and allowances based on this adjustment.

2.  That all of the Department of the Army records related to this case be corrected by submitting the records of the individual concerned to a duly constituted promotion selection board as deemed appropriate for promotion consideration for lieutenant colonel under 2002 criteria.

3.  If the applicant is selected, his records should be further corrected by showing he was promoted to the next higher grade on his date of eligibility as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.  If the applicant is not selected, he should be so notified.

BOARD VOTE:  

__JLP___  _AAO__  _PHM____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    __Jennifer L. Prater_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086645	
SUFFIX		
RECON		
DATE BOARDED	20030923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.	131.04	
4.	131.05	
5.		
6.