PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  29 August 2000
	DOCKET NUMBER:  AR1999034191

	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 D. Miller		Chairperson	
	Mr. Charles Gainer		Member	
	Mr. Roger W. Able		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 (DOR) for captain to 30 May 1997.

3.  The applicant states that due to the length of the 1997 and 1998 promotion boards, and late receipt of his promotion eligibility letter, he entered on active duty in the Active Guard/Reserve (AGR) prior to receiving his promotion orders.  He was advised that the AGR did not have the authority to backdate his DOR and to apply to the Army Correction Board.  He submits copies of his promotion eligibility letter dated 29 May 1998, promotion orders and security clearance in support of his request.

4.  The applicant’s military records were not provided to the board and information herein was obtained from documentation submitted by the applicant that shows he was appointed in the Reserve as a second lieutenant effective 15 June 1990.

5.  He was promoted to first lieutenant effective 30 May 1993.  Based on the required 7 years maximum time in grade date for promotion to captain his eligibility date was 29 May 1997.

6.  He was considered and recommended for promotion to captain by the 1997 Reserve Components Selection Board.

7.  A Notification of Promotion Status Memorandum dated 30 July 1998 shows he was selected for promotion to captain with a DOR of 29 May 1998.

8.  A Promotion Memorandum dated 3 September 1998 shows he was promoted to captain effective 16 August 1998, the date the President approved the board.

9.  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.  ROPMA provides that an officer selected for the first time for promotion to captain will be promoted on or before the date that he/she completes the maximum 7 years of service with approval of the President.

CONCLUSIONS:

1.  The applicant is entitled to correction of his DOR for promotion to captain to 29 May 1997, the date he completed his maximum time in grade.  His date of rank should be based upon completion of the required 7 years time in the lower grade of lieutenant.

2.  The effective date of his promotion should remain as 16 August 1998, the date the President approved the board.

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 captain effective 16 August 1998 with a date of rank of 29 May 1997.

BOARD VOTE:  

_jm____  __cg____  __ra___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John D. Miller___
		        CHAIRPERSON

INDEX

CASE ID	AR1999034191	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000829	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.