MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 March 2002                  
	DOCKET NUMBER:   AR2001063121

	I certify that hereinafter is recorded the record of consideration 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. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction to his date of rank (DOR) for major from 19 July 2000 to 30 September 1999.

APPLICANT STATES:  That based on his DOR for captain (1 October 1992) and in accordance with Army Regulation 135-155, table 2-1, he reached the 7 mandatory years for major on 30 September 1999.  The effective date of promotion is the date the officer is eligible for pay and allowances in the higher grade.  He submits copies of promotion orders to captain and major and a copy of Army Regulation 135-155 in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Reserve as a second lieutenant effective 15 May 1987.  

He entered on active duty effective 30 September 1988 and was appointed in the Regular Army effective 23 June 1989, and promoted to captain effective 1 October 1992.

Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 30 September 1999.

He was discharged from the Regular Army for non-selection of permanent promotion to major effective 29 January 2000.

Officer Management Division verified that he was assigned to a Reserve major position effective 30 January 2000.

He was placed on the Reserve Active Status List (RASL) and considered and selected for promotion to major by the 2000 Reserve Components Selection Board (RCSB) that convened on 7 March 2000.  The President approved the results of the board on 19 July 2000.

A promotion memorandum dated 10 August 2000 was issued to him showing 19 July 2000 as his effective date and date of rank for major.

The Reserve Officer Personnel Management Action (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 completed 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.

The ROPMA also does not apply to Regular Army officers.  The RASL applies to Reserve officers.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation specifies that mandatory selection boards will convene each year and will consider Army National Guard and Reserve officers on the RASL for promotion to major.  The regulation also specifies that officers on the active duty list (ADL) will not be considered.  Paragraph 4-21 specifies that unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved by the President, provided they are assigned to a position in the higher grade.

The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain on 1 October 1992.  Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date to major was 1 October 1999.  He was considered for promotion to major by the 2000 RCSB and recommended.  Under ROPMA, an officer cannot be promoted until the President has approved the board.  The board was approved on 19 July 2000 and the resulted were released on 10 August 2000.  Officer Management Division verified that he went into the position requiring the higher grade on 30 January 2000.  He was issued a promotion memorandum on 10 August 2000, with a date of rank of 19 July 2000, since this was the day the President approved the board.  It was recommended that the application be denied.

The opinion was forwarded to the applicant for rebuttal on 27 November 2001.  He did not respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his date of rank for major.  The applicant’s promotion to major effective 19 July 2000 was proper.  He has not shown otherwise.

2.  The Board has noted his contentions that based on his date of rank to captain and Army Regulation 135-155 he reached eligibility for promotion to major on 30 September 1999.  However, Army Regulation 135-155 provides for the consideration of promotion by a mandatory board of Army National Guard and Reserve officers on the RASL.  The regulation does not provide for consideration of officers on the active duty list (ADL).  It is further noted that based on his date of rank for captain, his MTIG date for major and being an officer on the ADL, he was appropriately considered by Regular Army selection boards; however he was not selected.  After his release from active duty on 29 January 2000, he accepted a major’s position in the Reserve; therefore, the first appropriate RCSB, which convened 7 March 2000, subsequent to 30 September 1999, considered him.  

3.  Under pertinent promotion policy, an officer on the RASL, who is selected for promotion, is eligible for a date of rank and effective date no earlier than the date the President approved the board and the President approved the 2000 RCSB on 19 July 2000.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_fne____  _tbr____  _dph____     DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063121	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.