PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             20 November 2001                 
	DOCKET NUMBER:    AR2001064565

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 his date of rank for captain be adjusted from 10 November 1997 to 9 June 1997.

3.  The applicant states that the Army Board for Correction of Military Records (ABCMR) recently adjusted his date of rank for captain from 25 June 1998 to 10 November 1997.  He believes that his date of rank should be adjusted to 9 June 1997 based on his assignment as a student officer at the Army Logistics Management College.  He also states that it was his understanding at the time that a student officer at the Combined Logistics Officer Advance Course (CLOAC) is not assigned a position, which is why he claimed 10 November 1997 as his date of assignment to a captain’s position.  He further states that after his date of rank had been adjusted to 10 November 1997, he learned that Active Guard/Reserve (AGR) officers had been promoted to captain while in attendance at CLOAC.  He submits a memorandum dated 4 October 2001 from the Director, Army Reserve Force Programs in support of his application.

4.  On 31 October 2000, the ABMCR recommended that the applicant’s date of rank for captain be adjusted to 10 November 1997 under the Reserve Officers Personnel Management Act (ROPMA) Project.  The recommendation was based on evidence showing the applicant occupying a captain’s position effective 10 November 1997.  The Deputy Assistant Secretary, Army Review Boards Agency, approved the recommendation and the applicant’s date of rank was adjusted to 10 November 1997.

5.  On 4 October 2001, the Director, Army Reserve Force Programs, Office of the Chief, Army Reserve, advised the Office of Promotions, Reserve Components, Total Army Personnel Command that after review of the applicant’s case it was concurred that the applicant should have been realigned into a valid AGR captain authorization while attending CLOAC from 9 June to 9 November 1997.  He stated that this occurred through no fault of the officer and was an oversight by that headquarters, and the applicant should be afforded the opportunity to have his DOR adjusted to coincide with that of his peers.

6.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary (Manpower and Reserve Affairs) acknowledged that pertinent Army agencies had agreed that the faulty promotion policy for promotion to captain should be revised, and that actions would be initiated for this purpose.  He further stated that affected individuals would be advised they could seek relief from the ABCMR 

which could adjust dates of rank for those who were first-time considered and selected for promotion to captain, after having served more than 7 combined maximum years of service in grade as a lieutenant.

7.  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 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 higher graded position upon selection board approval by the President for this purpose.
8.  Current promotion policy also requires completion of the necessary military education (officer basic course), civilian education (baccalaureate degree), and verification of assignment to a captain position as appropriate.
9.  Only officers selected for promotion to captain by Reserve Components Selection Boards after 1 October 1996 on their first-time consideration are eligible for this date of rank adjustment consideration.  All of the officers eligible for adjustment of their date of rank under these provisions were invited to apply to the ABCMR by Departmental promotion officials, and were provided detailed instructions and forms for this purpose.

CONCLUSIONS:

1.  The applicant is entitled to correction of his date of rank for promotion to captain.  The ROPMA provisions enacted on 1 October 1996 provided for promotion on or before the MTIG date if positioned in the higher graded position.

2.  The evidence shows the applicant occupied a captain’s position effective 9 January 1997 and he was entitled to promotion effective that date.

3.  In view of the facts and circumstances surrounding this matter, and as far as the Department of the Army is concerned, the interest of justice would best be served by now correcting his records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records of the individual concerned be corrected by showing the applicant was promoted to captain with a date of rank of 9 June 1997, and he is entitled to the pay and allowances in the higher grade on that date.

BOARD VOTE:  

_rks____  _mmh____  _jlp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Jennifer L. Prater
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064564	
SUFFIX		
RECON		
DATE BOARDED	20011120	
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.