PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           4 April 2002                  
	DOCKET NUMBER:   AR2001062634

	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. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 adjustment to his date of rank for major from 3 January 2000 to 22 May 1999.

3.  The applicant states that the maximum time to major is 7 years, giving him a date of rank of 22 May 1999.  His promotion board was delayed and caused a delay in his orders for promotion.  He also states that he was in a promotable status and position on 22 May 1999.

4.  The applicant’s military records show that he was appointed in the Reserve, Infantry Branch, as a second lieutenant effective 24 May 1985.

5.  He was promoted to first lieutenant effective 24 May 1988 and to captain effective 22 May 1992.

6.  Based on the required 7 years time in grade his maximum time in grade (MTIG) for major was 21 May 1999.

7.  Office of Reserve Promotions, Total Army Personnel Command (PERSCOM) verified that he was promotable on 21 May 1999.

8.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB).  The President approved the results of the board on 3 January 2000. 

9.  He was promoted to major with a date of rank and promotion effective date of 21 May 1999.

10.  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 was implemented on 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the MTIG for a captain is 7 years, and that 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 service.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.

11.  Title 10, United States Code, section 14308(c)(2) states that “Except as specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion.”

12.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was selected for promotion to major by the 1999 RCSB with a promotion eligibility date of 21 May 1999.  He was subsequently promoted on orders dated 14 January 2000 with a date of rank of 3 January 2000, the date the board was approved for release.  Since the applicant met the time in grade requirement on 21 May 1999, it was recommended that he be issued a corrected promotion order with a date of rank of 21 May 1999 and an effective date of 3 January 2000.  In view of the facts presented, it was recommended that the applicant’s request be approved.

13.  The opinion was forwarded to the applicant for rebuttal on 13 March 2002 and he concurred on 16 March 2002.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 21 May 1999, the date he met all the requirements for promotion to major.

2.  The processing of the promotion board results was administratively delayed through no fault of the applicant, and he should not be penalized for the delay.

3.  Notwithstanding the delay, the effective date of promotion shall remain as 3 January 2000, the date the President approved the board, and the applicant is not further entitled to additional pay and allowances for the date of rank adjustment.

4.  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 3 January 2000, with a date of rank of 21 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.

BOARD VOTE:  

_kyf____  __rwa___  _aao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062634	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.