PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  6 June 2002
	DOCKET NUMBER:  AR2001064768

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Thomas E. O'Shaughnessy		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 her date of rank (DOR) for captain (CPT) be adjusted from 1 November 1996 to 22 May 1996.

3.  The applicant states that when promoted by the board, her verification process included the 90th Reserve Support Command (RSC), which she joined in November 1996.  She also states that she was serving in a CPT’s position at the time of her eligibility while assigned to the 484th Transportation Corps (TC) Battalion, which is a subordinate unit of the 63rd RSC.  In support of her application, she submits a copy of her Officer Evaluation Report (OER) and a copy of her reassignment and promotion orders.

4.  The applicant’s military records show that she had prior enlisted service in the USAR and Indiana Army National Guard (INARNG).

5.  She was appointed as a second lieutenant in the INARNG on 5 May 1989.  She continued to serve until she was honorably discharged from the INARNG on 31 October 1991.  She was transferred to the USAR Control Group (Reinforcement).

6.  She was promoted to the rank of first lieutenant/0-2 effective on 5 May 1992.
The correct DOR should have been 4 May 1992 based on her date of appointment.

7.  The applicant completed her Bachelor of Arts (BA) degree on 31 December 1992.

8.  She was considered and not selected for promotion by the 1995 Reserve Components Selection Board (RCSB), which convened from 14 November to 15 December 1995.  She was not qualified for promotion based on incomplete records.  Her records failed to show that she completed her Bachelor of Arts (BA) prior to the convening date of the RCSB.  

9.  The applicant provided a copy of her OER that shows she was assigned to the 484th TC Battalion during the period 9 February to 20 September 1996.  She also provided a copy of her reassignment orders that shows she was assigned to that Troop Program Unit (TPU) effective 9 February 1996.

10.  The applicant appeared before a Reserve Component Promotion Advisory Board which convened on 12 November 1996 and adjourned on 27 November 1996.  She was selected for promotion under the original criteria for Fiscal year (FY) 1995 promotion board for CPT. 

11.  On 22 May 1997, orders were published by Headquarters, United States Army Reserve Command, Atlanta, Georgia, which shows that she was promoted to the rank of captain/0-3 on 1 November 1996, with an eligibility date of 22 May 1996.

12.  In the processing of this case, a staff advisory opinion was provided by the US Army Reserve Personnel Command (AR-PERSCOM), Military Personnel Actions Branch.  The applicant was provided 30 days to submit matters in rebuttal to this opinion; however, the applicant had not responded in over 30 days. 

13.  The opinion stated that the under the Reserve Officer Personnel Management Act, (ROPMA), unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the 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.  The applicant was assigned to a TPU on 9 February 1996.  She was considered but not selected for promotion to captain on the 1996 CPT’s Army Promotion List (APL) due to not being educationally qualified.  She was later promoted to CPT effective 1 November 1996, when she met the promotion criteria.  The opinion recommended that the applicant’s change of date of rank be denied based on the facts and circumstances provided.

14.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve Component officers.  The regulation provides that mandatory selection boards will be convened each year to consider Reserve Component officers in an active status for promotion to first lieutenant through lieutenant colonel.  The regulation also provides that the effective date of promotion will be the date the mandatory service and promotion eligibility requirements are completed, provided the officer is serving in a duty assignment requiring a higher grade than currently held by the officer.  The regulation specifies that in order to be qualified for promotion to first lieutenant an individual must have completed an officer basic course and 3 years time in grade for promotion to captain, 4 years in grade for mandatory boards, 6 years of commissioned service, and a Bachelor of Arts (BA) degree on or before the convening date of the respective promotion board.  

15.  Paragraph 2-9b(6) of the same regulation states that lieutenants, if approved by the promotion authority, may be placed on the list of eligibles for promotion.  This applies only to those lieutenants who have served creditably for 12 months or more in unit vacancies prescribed for CPT.  An officer may not be promoted
more than once under this exception.  

16.  Under Title 10, United States Code (USC) Code, section 741d(2), the DOR of an officer who holds a grade as the result of a promotion, is the date of appointment to that grade, or in other words, the DOR is the effective date of promotion to that grade.  The effective date of promotion and DOR will be the date the officer is assigned to a higher-grade position providing the officer meets all other qualifications for promotion.

CONCLUSIONS:

1.  The evidence of record shows that she was promoted to CPT on 1 November 1996, with an eligibility date of 22 May 1996.  However, based on the original criteria and her selection for promotion by the Reserve Component Promotion Advisory Board, her correct eligibility date and DOR for promotion to CPT is 3 May 1996, 4 years from her correct DOR of 1LT (4 May 1992).  

2.  The Board notes that the applicant’s orders, dated 22 May 1997, by Headquarters, United States Army Reserve Command, Atlanta, Georgia, should be amended to show her correct DOR and eligibility date of 3 May 1996.

3.  The applicant should be provided pay and allowances at the rank of captain beginning 3 May 1996.  Therefore, she is entitled to back pay and allowances in the rank of captain from 3 May 1996 to 31 October 1996.

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 for the individual concerned be corrected:

a.  by correcting her military records to show her DOR and eligibility date for CPT as 3 May 1996;

b.  by amending the orders published by Headquarters, United States Army Reserve Command, Atlanta, Georgia, dated 22 May 1997, to show the entry  “A:  3 May 1996” and the entry “B:  3 May 1996”; and

c.  by showing that she is entitled to back pay and allowances in the rank of CPT from 3 May 1996 to 31 October 1996.

BOARD VOTE:  

__sk___  __to____  __jm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Stanley Kelley__
		        CHAIRPERSON

INDEX

CASE ID	AR2001064768	
SUFFIX		
RECON		
DATE BOARDED	20020606	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  21		
2.		
3.		
4.		
5.		
6.