PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            11 April 2002                  
	DOCKET NUMBER:   AR2001065053

	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. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Mr. Richard T. Dunbar		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 and promotion effective date for major from 3 January 2000 to 2 June 1999, with entitlement to back pay and allowances.

3.  The applicant states that his date of rank for major should reflect the Reserve Officers Personnel Management Act (ROPMA) mandate.  His date of rank for captain was 2 June 1992; therefore the earliest date of rank for major is 2 June 1999.  This does not take into account the effect of his date of rank change from second lieutenant to first lieutenant.  He also states that he had been serving in a major slot since July 1997.  He submits copies of his promotion memorandums for first lieutenant, captain and major, a memorandum dated 20 May 1991 correcting his date of rank for first lieutenant, and a copy of Title 10, United States Code, Section 14304, in support of his application.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 30 December 1986.

5.  He was promoted to first lieutenant effective 5 January 1990, with a date of rank of 30 December 1989.

6.  On 10 May 1991, the Army Board for Correction of Military Records recommended that his date of rank and promotion effective date for first lieutenant be corrected.  On 20 May 1991, his date of rank and promotion effective date for first lieutenant was corrected to 29 December 1989.

7.  He was promoted to captain effective 1 June 1992.

8.  The Office of Reserve Promotions, Total Army Personnel Command verified that he was assigned to a major position effective 1 July 1997.

9.  Based on the required 7 years time in grade his maximum time in grade (MTIG) date for major was 30 May 1999.

10.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB).  The President approved the results of the board on 3 January 2000. 

11.  He was promoted to major with a date of rank and promotion effective date of 3 January 2000.

12.  The 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.  Promotion cannot be effective prior to approval of respective promotion boards by the President.

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.”

CONCLUSIONS:

1.  The applicant is entitled to adjustment of his date of rank for major to 30 May 1999, his MTIG date and in accordance with the ROPMA.

2.  The respective promotion board and the processing of the promotion board results were 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 30 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.

BOARD VOTE:  

_rtd____  __mkp___  _eja___     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065053	
SUFFIX		
RECON		
DATE BOARDED	20020411	
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.