MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 February 2002                  
	DOCKET NUMBER:   AR2001064101

	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. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 of captain from 1 April 1999 to 25 May 1997.

APPLICANT STATES:  That he was selected for promotion to the rank of captain by the 1996/1997 Promotion board.  He was informed that his date of rank would be 25 May 1997.  When he received his orders the date of rank was 1 April 1999.

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

While serving as a member of the Idaho Army National Guard (IDARNG) with a promotion eligibility date for promotion to captain of 22 May 1997, he was considered and not selected for promotion to captain by the 1996F-1 Reserve Components Selection Board (RCSB), which recessed on 15 November 1995.

He was considered and selected for promotion to captain by the 1996F-2 RCSB, which recessed on 26 November 1996.  The President approved the board on 12 June 1998.  He was not in a captain position at this time.

He was promoted to captain effective 21 April 1999 when he was transferred to a troop program unit (TPU) in the Reserve.

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 effective 1 October 1996.  ROPMA provides that in order to be eligible for promotion to captain the maximum time in grade (MTIG) as a lieutenant 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 species that, as in this case, the officer must be serving in a position requiring the higher grade.

The Army Reserve Personnel Command (AR-PERCOM), Military Personnel Actions Branch expressed the opinion that under the ROPMA unit officers selected by a mandatory board will have a promotion date and effective date no earlier than approval date of the board or the date of Senate confirmation (if required), provided they are assigned to a position in the next higher grade.  When the board approval date or, if required, Senate confirmation is prior to assignment to the position in a higher grade, the effective date of promotion will be the date of assignment to a higher-grade position (Title 10, chapter 1405).  

The applicant, while assigned to the ARNG, was recommended to the grade of captain by the 1996F-2 board, which was approved 12 June 1998 and released on 9 July 1998.  He transferred to a captain position in a Reserve TPU effective 21 April 1999.  This is the effective date of his promotion due to the fact that he was assigned to AR-PERCOM’s strength on that date.  Based on these facts and circumstances, it was recommended that the application to change the applicant’s date of rank be denied.

The opinion was forwarded to the applicant for acknowledgement/rebuttal on 21 December 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 adjustment to his date of rank of captain from 1 April 1999 to 25 May 1997.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that he was selected for promotion to captain and he was informed that his date of rank would be 25 May 1997.  However, his promotion date and date of rank for captain was correctly established as 21 April 1999, the date he was assigned to a TPU captain position in the Reserve. 

3.  The Board concludes that the applicant was not in a higher graded position on his MTIG date of 25 May 1997 and could not otherwise be given a date of rank earlier than 21 April 1999.

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

_gdp____  _tap____  _mhm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064101	
SUFFIX		
RECON		
DATE BOARDED	20020221	
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.