RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 May 2007 DOCKET NUMBER: AR20070005285 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. Gerard W. Schwartz Acting Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Jeffrey C. Redmann Chairperson Mr. Ronald J. Weaver Member Mr. David W. Tucker Member 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 APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, further adjustment to his date of rank for captain. 2. The applicant states, in effect, that he would like his date of rank to captain changed from 18 April 2000 to 1 April 1999 based on a change to the time in grade promotion policy under the Reserve Officer Personnel Management Act (ROPMA). 3. The applicant provides copies of his Master of Arts in Education Certificate, his appointment orders, his promotion orders for first lieutenant, his promotion memorandum for captain, his DA Form 1059 (Service School Academic Evaluation Report), and his Officer Evaluation Reports for the periods ending 15 April 2000; and 15 April 2002. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show that he was appointed in the United States Army Reserve, as a second lieutenant, effective 7 August 1992. He was promoted to first lieutenant effective 6 August 1995 2. Based on the maximum of 7 combined years of service as a lieutenant, his maximum years of service in grade (MYIG) for promotion to captain was 6 August 1999. 3. The applicant was considered and selected for promotion to captain by the 1999 Reserve Components Selection Board, which convened on 9 November and recessed on 10 December 1999. The President approved the board results on 18 April 2000. He was promoted to captain effective 18 April 2000. 4. 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 ABCMR which could adjust dates of rank for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined MYIG as a lieutenant. 5. The Promotion Qualification Statement (ARPC Form 155) dated 10 April 2007, indicates that the applicant was first assigned to a captain's position on 18 April 2000. 6. Army Regulation 135-155, prescribed the policies and procedures for the promotion of Reserve officers. This regulation specifies that a second lieutenant serve a MYIG of 2 years before promotion to first lieutenant, and a first lieutenant serve a MYIG of 5 years before promotion to captain. 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 years of service. 7. Army Regulation 135-155 also specifies that officers will receive mandatory promotion consideration prior to their promotion eligibility dates (MYIG) so that, if selected, they may be promoted on their future promotion eligibility dates. The regulation also specifies that the Secretary of the Army or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he believes his current date of rank for captain is incorrect and should have been 1 April 1999 has been noted. However, based on his appointment effective date of 7 August 1992 and completion of 7 combined MYIG as a lieutenant, the 1999 promotion board was the earliest board he was eligible to be considered for promotion on or before his MYIG date under the ROPMA criteria. He completed 7 combined MYIG as a lieutenant on 6 August 1999. 2. The applicant's records do not indicate he was assigned to a captain's position prior to 18 April 2000. Therefore, without such proof his date of rank and effective date for promotion has been correctly established by ROPMA. 3. In view of the circumstances in this case, the applicant is not entitled to further adjustment to his date of rank for captain. He has not shown error, injustice, or inequity for the relief he now requests. 4. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __JCR __ __DWT__ __RTW__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _ _Jeffrey C. Redmann___ CHAIRPERSON INDEX CASE ID AR20070005285 SUFFIX RECON DATE BOARDED 20070524 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 102.0700 2. 3. 4. 5. 6.