PROCEEDINGS

	IN THE CASE OF:      
	     
	BOARD DATE:            4 April 2002                  
	DOCKET NUMBER:   AR201064715

	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. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 adjustment to his date of rank for major from 2 October 1997 to 3 November 1996.

3.  The applicant states that his date of rank to captain was 1 July 1989 and his date of rank to major was 2 October 1997.  He also states that according to section 14301, United States Code (USC), Title 10, on first consideration, and if selected, he should be promoted no later than 7 years from his date of rank to captain.  Therefore, his promotion letter and date of rank should be amended to reflect 3 November 1996.  He submits a copy of his promotion orders for captain and major, assignment orders to a major position and e-mail correspondence from the Total Army Personnel Command (PERSCOM) in support of his application.

4.  The applicant’s military records show that he was appointed in the Reserve, Aviation Branch, as a second lieutenant effective 22 February 1985 and entered on active duty.

5.  He was promoted to first lieutenant effective 22 August 1986 and to captain effective 1 July 1989.

6.  He was separated from active duty effective 1 April 1996 and transferred to a Reserve troop program unit.

7.  Based on the required 7 years time in grade his maximum time in grade (MTIG) date for major was 30 June 1996.

8.  The Promotion and Notifications Branch, Office of Promotions, PERSCOM, verified that the applicant was assigned to a major position effective 3 November 1996.

9.  He was considered and selected for promotion to major by the 1997 Reserve Components Selection Board.  The President approved the results of the board on 27 August 1997.

10.  A promotion memorandum dated 2 October 1997 was issued to him showing 2 October 1997 as his effective date for promotion to major with a same date of rank.

11.  A corrected promotion memorandum was issued to him showing 27 August 1997 as his effective date for promotion to major with a same date of rank.

12.  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 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.

13.  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.”

14.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant was selected on the 1997 RCSB and promoted with a date of rank of 2 October 1997.  The initial instructions that office received were that the applicant could not be given a date of rank earlier than the release date of the board.  These instructions were later corrected to allow the applicant to be given a date of rank of the approval date.  The 1997 board was approved on 27 August 1997.  The applicant’s promotion letter was corrected to show a date of rank of 27 August 1997.  The applicant met the time in grade requirement on 30 June 1996; however, he was not assigned to the higher-grade position until 3 November 1996.  This is the earliest date he can receive.  It was recommended his request be approved.

15.  The opinion was forwarded to the applicant for rebuttal on 1 February 2002 and he did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 3 November 1996, the date he was assigned to the higher graded position, and in accordance with the ROPMA.

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 27 August 1997, 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 27 August 1997, with a date of rank of 3 November 1996, with no further entitlement to additional pay or allowances based on this adjustment.

BOARD VOTE:  

_kyf____  _rwa____  _aao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001064715	
SUFFIX		
RECON		
DATE BOARDED	20020404	
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.