PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           21 October 2003                   
	DOCKET NUMBER:  AR2003088127

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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, in effect, that his Major General (MG) date of rank (DOR) be changed from 31 July 2002 to 29 June 2001.   

3.  The applicant states, in effect, that upon completion of his tenured assignment as a Brigadier General (BG), he was transferred to the Stand-By Reserve for a period of eight months on 31 May 2000.  He claims that on 1 February 2001, he assumed command of the 143rd Transportation Command, a MG position.  He states that as a result of an administrative oversight, he was informed that he had to be in the active Reserve for one year before he could be considered for promotion to MG.  He states that upon further research by the Department of the Army (DA) General Officer Management Office (GOMO), it was determined that the one year period was not required and that he had been eligible for earlier promotion consideration.  He claims that had it not been for this administrative error, his MG DOR would have been 29 June 2001, which is thirteen months earlier that his current MG DOR of 31 July 2002.  

4.  The applicant’s military records show that he was commissioned a second lieutenant in the United States Army Reserve (USAR) on 4 June 1968 and he has continuously served in this status through the present.  

5.  The applicant’s record contains a copy of Order Number 213-001, dated 
1 August 2002, published by the DA GOMO.  This order authorized the applicant’s promotion to MG effective 31 July 2002.  It also establishes his 
MG DOR as 31 July 2002.  

6.  E-Mail communications between a GO management officer at the Office of the Chief of Army Reserves (OCAR) and the DA GOMO confirms that the a 
30 October 2000 change to the governing law allowed general officers in an inactive Reserve status to be considered for promotion without first being assigned to a vacant position.  As a result, the applicant’s assignment could have been delayed and he could have been considered for promotion by the March 2001 general officer promotion selection board (GOPSB).  GOMO officials indicated that this would have resulted in the applicant’s MG DOR being established as 29 June 2001.  

7.  In connection with the processing of this case, an advisory opinion was obtained from the DA GOMO.  It indicates that the applicant’s request has merit and should be favorably considered by the Board.  It further indicates that the GOMO was not aware that the applicant’s transfer to the Stand-By Reserve in February 2001 would delay his promotion due to a then recent change to Title 
10 of the United States Code, section 14301 (10 USC 14301).  GOMO officials state that the change made the applicant immediately eligible for promotion consideration without a transfer to the inactive Reserve, which was required under the previous version of the same statute.  
8.  10 USC 14301(g) states, in pertinent part, that a Reserve Component BG who is in an inactive status is eligible for consideration for promotion to MG if the officer has been in an inactive status for less than one year and had continuously served for a least one year on the Reserve Active Status List (RASL) immediately before the officer’s most recent transfer to an inactive status.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his MG DOR should be changed from 31 July 2002 to 29 June 2001 and it finds this claim has merit.  

2.  As confirmed by GOMO officials, a recent change to the law at the time allowed for the applicant’s promotion consideration while he was in an inactive Reserve status and he was denied this consideration as a result of an administrative oversight on their part.  Thus, the Board concludes it would appropriate to adjust the applicant’s DOR to 29 June 2001 as requested.

3.  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 changing the Major General date of rank of the individual concerned to 
29 June 2001 vice 31 July 2002 as is currently recorded.  

BOARD VOTE:  

MM__  __FCJ__  __WDP ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Melvin H. Meyer
                                                        CHAIRPERSON

INDEX

CASE ID	AR2003088129	
SUFFIX		
RECON		
DATE BOARDED	2003/10/DD	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.		
3.		
4.		
5.		
6.