PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           18 April 2002                  
	DOCKET NUMBER:   AR2001064409

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 correction to his date of rank for major to the earliest available date.

3.  The applicant states that his date of rank is 3 January 2000 and he was in a major position (assigned) on 16 June 1999.  He submits a copy of his Personnel Qualification Record showing assignment to a major’s position in support of his request.

4.  The applicant’s military records show that he was appointed in the Reserve, Quartermasters Corps, as a second lieutenant effective 8 August 1985.

5.  He attained the grade of captain effective 27 August 1992 with a date of rank of 6 August 1992.

6.  Based on the required 7 years time in grade his maximum time in grade (MTIG) date for major was 5 August 1999.

7.  He was ordered to active duty in support of Operation Joint Endeavor effective 14 August 1997.  He was released on 10 May 1998 and transferred to a Reserve troop program unit.

8.  Documentation submitted by the applicant verifies that he was assigned to a major’s position effective 16 July 1999.

9.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB), recessed on 2 April 1999.  The President approved the results of the board on 3 January 2000.  The processing of the board results was administratively delayed.

10.  A promotion memorandum dated 14 January 2000 was issued to him showing 3 January 2000 his date of rank and promotion effective date for major.

11.  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.

12.  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.”

13.  The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant was promoted to major on 3 January 2000.  Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date was 5 August 1999.  He was considered for promotion to major by the 1999 RCSB and recommended.  Under ROPMA, an officer cannot be promoted until the President has approved the board.  The board was approved on 3 January 2000 and the results were released on 14 January 2000.  He was issued a promotion memorandum on 14 January 2000, with a date of rank of 3 January 2000, since this was the day the President approved the board.  It was recommended that the application be denied.

14.  The opinion was forwarded to the applicant for rebuttal on 1 December 2001. He did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 5 August 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 5 August 1999, with no further entitlement to additional pay or allowances based on this adjustment. 

BOARD VOTE:  

_fne____  _reb____  _bje____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064409	
SUFFIX		
RECON		
DATE BOARDED	20020418	
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.