PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 April 2002
	DOCKET NUMBER:   AR2001063633

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John T. Meixell		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 that his date of rank (DOR) for promotion to captain be backdated 1 year.

3.  The applicant states, in effect, that he did not receive the 1-year of constructive credit he should have received for promotion to the rank of captain. 

4.  The applicant’s military records show that he was commissioned as a Judge Advocate General Corps (JAGC) first lieutenant (1LT) in the New York Army National Guard on 26 February 1997, and on 3 March 1998, accepted an appointment in the United States Army Reserve (USAR).  On 26 February 1999, he was promoted to the rank of captain (CPT).  On 4 June 2001, he was ordered to active duty for a period of 3 years in the Active Guard/Reserve (AGR) Program.  

5.  In the processing of this case a staff advisory opinion was obtained from the Army Reserve Personnel Command (ARPERSCOM), which opined, in effect, that under the Reserve Officers’ Personnel Management Act (ROPMA) of 1 October 1996, the applicant was entitled to have his 1LT DOR backdated 1 year to 26 February 1996, and his date of rank to CPT backdated 1 year to 26 February 1998.  The opinion was provided to the applicant for comment and he concurred.  

6.  The ROPMA of 1 October 1996 provides, in pertinent part, that a person who is receiving an original appointment as a Reserve commissioned officer, or designation in, or assignment to, an officer category in which advanced education or training is required and who has such advanced education or training, shall be credited with constructive service for such education or training in the amount of 1 year for each year of advanced education beyond the baccalaureate level, as determined by the number of years of advanced education required by the majority of institutions that award degrees in that professional field.  In the field of law, that would be 3 years.  The DOR of an officer commissioned in the Reserve of the Army and assigned to the JAGC, is the date of appointment, but that the DOR will further be backdated by the period of commissioned service credit awarded that is in excess of that amount used to establish the officer’s appointment grade.  Simply stated, it only takes 2 years to go from the rank of second lieutenant to 1LT, so a 1LT granted 3 years of constructive credit would have DOR backdated 1 year, to account for the time not used to satisfy time in grade requirements for promotion.

CONCLUSIONS:

1.  The applicant was entitled to be commissioned as a 1LT with a DOR of 26 February 1996 at the time he was commissioned on 26 February 1997.  However, it appears that an administrative oversight resulted in his DOR not being properly computed.

2.  As a result, the applicant had to serve an additional year before he was promoted to the rank of CPT.  Therefore, the Board finds that it would be in the interest of justice to correct those errors at this time.

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 that the individual concerned was commissioned as a 1LT, with a DOR of 26 February 1996, and that he was promoted to the rank of CPT, effective 26 February 1998, with a DOR of 26 February 1998, with entitlement to all back pay and allowances he would have received as a CPT, had this error not occurred.

BOARD VOTE:  

___jm___  __md ___  __inw ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063633	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.