PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001060276

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 date of rank (DOR) for major in the U. S. Army Reserve (USAR) be adjusted from 2 October 1997 to 31 January 1997, his 7 years maximum time-in-grade (MTIG) as a captain.

3.  The applicant states, in effect, that the 1997 Major USAR Army Promotion List was not published until September 1997.  The applicant was on an active duty tour with his Reserve unit in support of Operation Joint Guard at the time and was unable to get his promotion orders until he signed in to the Active Guard Reserve (AGR) program on 24 November 1997.  He was promoted with a DOR and effective date of 2 October 1997.  He was assigned to an O-4 (major) position at the time the promotion board met and his orders should have reflected a DOR of 31 January 1997, the date of his MTIG as a captain, in accordance with Title 10, U. S. Code, section 14304.

4.  The applicant’s military records show that he was a Regular Army captain with a date of rank of 1 February 1990.  On 1 April 1996, after 10 years, 8 months, and 6 days active service, he resigned his commission to be accepted in the Fiscal Year 1996 Army Officer Voluntary Separation Incentive Program (VSIP).  He was subsequently commissioned as a captain in the Army Reserve on 2 April 1996.  On 15 September 1996, he was assigned to Company A, 373rd Military Intelligence Battalion, a Reserve Troop Program Unit (TPU) located in Oakland, California.  An Officer Evaluation Report that he received for the period 2 April 1996 through 25 August 1996, shows that he was serving as a plans officer in that unit.  On 31 January 1997, he completed 7 years MTIG as a captain.  On 16 February 1997, he was mobilized with his TPU and ordered to active duty at Fort Benning, Georgia.

5.  He was considered for promotion to major by the first available promotion board after he was commissioned in the USAR on 2 April 1996, the 1997 Reserve Mandatory Promotion Selection Board for major which convened on 
11 March 1997, adjourned on 11 April 1997.  The applicant was recommended for promotion to major.  The board’s recommendations were approved by the President on 27 August 1997.  The promotion board results were released on 
2 October 1997.  The applicant was promoted to major on 2 October 1997 by Headquarters, U. S. Army Reserve Command, Atlanta, Georgia, memorandum, dated 2 October 1997.  It is noted that the convening date for the previous promotion board, the 1996 Reserve Mandatory Promotion Selection Board, 
was 12 March 1996, a date before 2 April 1996 when the applicant was commissioned a USAR officer.  He was, therefore, not considered by that board.

6.  He was released from mobilization with his TPU on 18 October 1997, and reassigned to the 368th Military Intelligence Battalion, a TPU also in Oakland, California.  On 24 November 1997, he was reassigned to an Active Guard 

Reserve (AGR) status as the executive officer of the TPU, 172nd Military Intelligence Battalion, located in Bell, California.

7.  Title 10, U. S. Code, Section 14304, applies to Reserve officers as a part of the Reserve Officer Personnel Management Act (ROPMA).  In pertinent part, it states that a Reserve captain will be considered for promotion to major by a promotion board far enough in advance of completing seven years of service MTIG as a captain so that, if the officer is recommended for promotion, the promotion to major may be effective on or before the date on which the officer will complete those seven years of service.  A captain recommended for promotion must be serving in a major’s position in a Reserve Troop Program Unit (TPU), in an major’s AGR position, or be in the Individual Ready Reserve in order to be promoted.  The normal date of promotion, if otherwise qualified, is the date the President approves the promotion board recommendations.

8.  The Office of Promotions, Reserve Components, U. S. Total Army Personnel Command, provided an advisory opinion that the applicant was selected for promotion to major by the 1997 Department of the Army Reserve Components Selection Board.  The Personnel Services Division, U. S. Army Reserve Personnel Command, provided an advisory opinion that the applicant’s promotion date of 2 October 1997, was correct, according to the release date of the selection board results.  However, it was later determined that the promotion date of rank should have been the date the board recommendations were approved by the President, 27 August 1997.  The applicant was provided copies of the advisory opinions but he has not provided any rebuttal.

CONCLUSIONS:

1.  The applicant was commissioned as a Reserve Officer on 2 April 1996.  The USAR promotion board for 1996 convened on 12 March 1996, before he was a Reserve officer.  He was considered and selected by the next available promotion board, the 1997 promotion board, whose recommendations were approved by the President on 27 August 1997.  However, the results of the board were not released until 2 October 1997, on which date the Army Reserve Command published the letter of promotion.  He should have been promoted with a date of rank of 27 August 1997, the date the board recommendations were approved.  He could not be promoted at his MTIG because he was not a USAR officer and not under the provisions of ROPMA when the 1996 USAR promotion board convened that would have considered him under ROPMA for possible promotion on his MTIG.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected for the individual concerned by showing his DOR for major as 
27 August 1997.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__iw___  __gw___  __rw____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001060276	
SUFFIX		
RECON		
DATE BOARDED	20020312	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.	102.07 – Date of Rank	
2.		
3.		
4.		
5.		
6.