PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            27 May 1999                  
	DOCKET NUMBER:   AR1999015531

	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. Loren G. Harrell		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 effective date of promotion to major.

3.  The applicant states that due to the late results of the board, his promotion eligibility date (PED) and effective date were passed and exceeded the normal 7 year timeframe.  He submits a copy of his promotion letters to captain and major in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve from ROTC as a second lieutenant effective 29 May 1983.  He attained the grade of captain effective 23 May 1990.

5.  Based on the required 7 years time in grade his PED for major was 22 May 1997.

6.  The applicant was considered by the 1997 Reserve Components Selection Board and recommended for promotion to major.

7.  The Chief, Office of Promotions, Total Army Personnel Command (PERSCOM) notified the applicant by memorandum dated 2 October 1997 of his selection for promotion with an effective date of 2 October 1997.  The applicant was later issued a corrected memorandum showing his effective date as 27 August 1997.

8.  The Reserve Officer Personnel Management Act (ROPMA), effective 1 October 1996, provides that the maximum time in grade for a Reserve captain in order to be eligible for promotion to major is 7 years and that an officer will be considered for promotion well in advance, so that if recommended, he would be promoted on or before the date that he completes the maximum years of service. ROPMA further provides, in effect, that an officer cannot be promoted earlier than the date the President approves the results of the selection board.

9.  The Chief, Promotions Branch, PERSCOM, expressed the opinion that under the ROPMA, the earliest date of rank an officer is eligible for is the approval date of the board he was selected.  The President approved the 1997 RCSB on 27 August 1997.  It was recommenced that the applicant’s request be denied.

10. The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 23 April 1999.  He did not respond.

CONCLUSIONS:

1.  Notwithstanding the advisory opinion from PERSCOM, the applicant was promoted after the date he met the maximum time in grade 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 to reflect the effective date of his promotion to major as 22 May 1997.  He is also entitled to receive all due pay and allowances in the grade of major from that date.

2.  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 22 May 1997, that his time in grade be computed from that date, and that he receive all pay and allowances in the grade of major from that date.

BOARD VOTE:  

ew_____  mw______  klw_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12178, AR1999015531	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 May 27	
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.