PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  25 July 2000
	DOCKET NUMBER:  AR1999031239

	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. John H. Kern		Member	
	Mr. Stanley Kelley		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 of his date of rank (DOR) for first lieutenant from 19 February 1999 to 16 November 1998.

3.  The applicant states that his original promotion eligibility date for promotion to first lieutenant was 16 November 1998.  Through no fault of his own, he was not allowed the opportunity to attend and complete an Officer Basic Course (OBC) until a total four applications were disapproved, cancelled, or he was bumped from the slot.  His fifth application was finally approved and he graduated from OBC on 19 February 1999.  He submits a memorandum dated 24 March 1997 stating he was submitted for OBC for the dates of February, March and June 1998 as back-up, copies of orders for OBC attendance starting 7 September 1998, a letter dated 21 July 1998 revoking those orders and his OBC diploma dated 19 February 1999, in support of his request.  

4.  The applicant’s military records show that he was directly appointed in the Reserve as a second lieutenant effective 17 November 1996.

5.  Based on the required 24 months maximum time in grade (MTIG) his promotion date for first lieutenant was 16 November 1998.

6.  On 24 March 1997, he was notified of his scheduled attendance to OBC from 8 February through 8 May 1998, contingent upon the availability of funds.  Funds were not approved and the applicant was rescheduled for a later date.

7.  On 26 June 1998 orders were published for his attendance to OBC effective 7 September 1998.

8.  On 21 July 1998, he was advised by the Army Reserve Personnel Command that due to circumstances beyond their control that due to quotas being removed, they were revoking his orders for OBC effective 7 September 1998.

9.  He was not promoted to first lieutenant effective 16 November 1998.  He was not qualified for promotion based on the lack of the required completion of an OBC.

10. He was further advised that he had been rescheduled to attend the 
Class 1-99, which ran from 25 October 1998 to 19 February 1999.  

11. He completed the Adjutant General’s Corps OBC effective 19 February 1999 and he was promoted to first lieutenant on the same date.

12.  On 24 May 2000, a senior analyst verified the foregoing with an official of the AR PERSCOM.

13. The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers. The law became effective 1 October 1996.  Under ROPMA, second lieutenants will be considered for promotion to first lieutenant prior to reaching 24 months of commissioned service so that they can be promoted timely upon reaching 24 months of commissioned service.  However, they must also be qualified in all other respects, completion of an OBC is required for promotion.  A second lieutenant found not qualified for promotion at 24 months will be retained for at least six months from the date he/she should have been promoted.  Should the officer become qualified at any time during the period of retention, the officer can be promoted to first lieutenant.

CONCLUSIONS:

1.  The applicant was not promoted on the date he met the MTIG through no fault of his own.  The Board concludes the promotion delay was untimely and based on administrative error.  Fairness requires that his records be corrected as he has requested, to reflect his DOR as 16 November 1998.

2.  The applicant’s request and his contentions are clearly supported by the evidence of record.

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 showing the individual concerned was promoted to first lieutenant with a DOR of 16 November 1998.

BOARD VOTE:  

__tk____  ___jk____  ___sk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR1999031239	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.