PROCEEDINGS

	IN THE CASE OF:       
	.

	BOARD DATE:           21 August 2003                  
	DOCKET NUMBER:   AR2003087549

	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. John N. Slone		Chairperson	
	Mr. Roger W. Able		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 correction to his date of rank for major from 3 January 2000 to 31 May 1999.

3.  The applicant states that Army Regulation 135-155, Table 2-1, indicated the maximum years in grade requirement for Reserve officer is 7 years for promotion from captain to major.  His date of rank for captain was 1 June 1992.  The board that convened on 2 March 1999 reviewed his promotion packet and the President signed the selection list on 3 January 2000.  He also states that he was assigned to the 733 Military Police Battalion (MP BN) as the Executive Officer, a major’s position in November 1997.  In support of his application he submits copies of his promotion orders for captain and major, his assignment orders to the 733 MP BN and an extract of Army Regulation 135-155, Table 2-1.

4.  The applicant’s military records show that he was appointed in the United States Army Reserve (USAR) as a second lieutenant effective 12 June 1987.  

5.  He entered on active duty effective 1 January 1988 and was promoted to first lieutenant effective 1 January 1990.

6.  He was promoted to captain effective 1 June 1992.  He was released from active duty effective 18 October 1997 and transferred to the USAR Control Group (Reinforcement).

7.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 31 May 1999.

8.  The Officer Personnel Management Directorate, Army Reserve Personnel Command (AR-PERSCOM), verified that he was assigned to a major’s position effective 19 October 1997.

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

10.  He was promoted to major with a promotion effective date and date of rank of 3 January 2000.

11.  The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain effective 1 June 1992 and promotion to major required 7 years time in grade; therefore, the applicant’s promotion eligibility date was 31 May 1999.  He was considered for promotion by the 1999 RCSB and recommended for promotion.  Under ROPMA, an officer cannot be promoted until the President approved the board.  The President approved the 1999 RCSB on 3 January 2000 and the results were released on 14 January 2000.  He was issued a promotion memorandum on 14 January 2000, with a date of rank of 3 January 2000 since this was the day the President approved the board.  Based on this information, it was recommended the application be denied.

12.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 19 February 2003.  In his rebuttal dated 18 June 2003, he stated that Army Regulation 135-155, Table 2-1 clearly stated the maximum years in grade requirement for promotion of an Army Reserve officer from captain to major is 7 years.  Title 10, United States Code, section 14301 states on first consideration, and if selected, officers will be promoted no later than 7 years from the date of rank to captain.  He also stated that he has enclosed a favorable recommendation from the AR-PERSCOM and a favorable decision from the Army Review Boards Agency on an AGR officer in almost the exact same situation as himself.  The only discernable difference between the two case is that the AGR officer’s promotion date to captain was 20 May 1992 and his was 1 June 1992.  The applicant states that he does not understand the discrepancy between the two recommendations.

13.  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 the management of Reserve component officers.  The law was implemented on 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the MTIG for a captain is 7 years, and that an officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum service.  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.

14.  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, they should have been convened earlier and approved approximately 100 days after the respective recess dates.

15.  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.”

16.  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 31 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 31 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.

BOARD VOTE:  

_JNS___  _RWA__  _RKS____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		         John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087549	
SUFFIX		
RECON		
DATE BOARDED	20030821	
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.