PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  13 June 2002
	DOCKET NUMBER:  AR2001066258

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Barbara J. Ellis		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 his date of rank (DOR) for major (MAJ) be adjusted from 3 January 2000 to 27 June 1999.

3.  The applicant states, in effect, that he was selected by the Calendar Year (CY) 1999 Major Reserve Components, Army Promotion List (APL) Selection Board.  The President approved the results on 3 January 2000, which was after his promotion eligibility date (PED).  In support of his application, he submits a copy of his orders.

4.  The applicant’s military records show he was appointed as a second lieutenant in the Washington, DC National Guard, on 30 June 1985.  He was promoted to first lieutenant on 29 June 1988.  

5.  He was promoted to captain/0-3 on 28 June 1992.

6.  The applicant was considered and selected for promotion to MAJ by the 
1999 Reserve Components Selection Board (RCSB), which convened on 
2 March 1999, adjourned on 2 April 1999, whose recommendations were approved by the President on 3 January 2000, and the results announced on 14 January 2000.

7.  The Total Army Personnel Command, St. Louis, issued a promotion memorandum, dated 14 January 2000, promoting the applicant to MAJ with an effective date and DOR of 3 January 2000.  The memorandum also stated that the applicant was assigned to a position equal to or higher than the rank of MAJ.

8.  The Chief, Promotions and Notification Branch, Office of Promotions, Reserve Components, U. S. Total Army Personnel Command (PERSCOM) provided an advisory opinion.  The opinion stated that the applicant was selected for promotion to MAJ by the 1999 RCSB with a PED of 25 June 1999.  He was 
subsequently promoted on orders dated 14 January 2000, with a DOR of 3 January 2000, the date the board was approved for release by the President.  The opinion also stated that since the applicant met the time in grade (TIG) 
requirement on 25 June 1999, it is recommended that he be issued a corrected promotion order with a DOR of 25 June 1999, and an effective date of 3 January 2000.  The opinion further recommended that the applicant’s request for an earlier DOR be approved.  The applicant concurred with this recommendation.
The references to 25 June 1999 are believed to be a typographical error since the applicant’s PED is 27 June 1999.

9.  The Reserve Officer Personnel Management Act (ROPMA), a public law under Title 10, U. S. Code, enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers.  The ROPMA law became effective 1 October 1996.  Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers who are on the Reserve Active Status List (RASL) shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a), a Reserve Component Selection Board (RCSB) far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion the first time considered by a RCSB, the promotion may be effective on or before the date on which the officer will complete the MTIG.  The MTIG for promotion to captain is 5 years as a first lieutenant; for promotion to major is 7 years as a captain; for promotion to lieutenant colonel is 7 years as a major.

10.  Army Regulation 135-155 (Army National Guard and U. S. Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers), paragraph 4-21, states, “The effective date and date of promotion, to include officers recommended on a second or subsequent mandatory board, will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer meets maximum TIG, whichever is later.”  Pay 
and allowances are paid at the new rank based on the effective date.  Time in grade for consideration for promotion to the next higher grade is calculated from the DOR.  The regulation also states that an officer in a Reserve Troop Program Unit (TPU) or the Active Guard Reserve (AGR) must be assigned to the next higher-grade position to be promoted to the next higher grade or request transfer to the Individual Ready Reserve to be promoted.

CONCLUSIONS:

1.  The applicant was considered by a promotion board early enough to be promoted to the rank of MAJ on his MTIG as a CPT, 27 June 2000, as provided under ROPMA.  On 27 June 1999, the applicant was serving in a position authorized an officer in the rank of MAJ and, therefore, was eligible for promotion to that higher rank on that date.  

2.  The Board notes the advisory opinion provided by AR-PERSCOM that stated that the applicant was selected for promotion by the 1999 RCSB with a PED of 25 June 1999, and met the TIG requirement on 25 June 1999, which was incorrect.  The evidence of record shows that the applicant’s PED and MTIG requirement was 27 June 1999, for promotion to major.  Therefore, as a matter of justice, this Board recommends that his DOR for MAJ should be adjusted from 3 January 2000 to 27 June 1999.  

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 antedated promotion.

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 by showing that he was promoted to MAJ effective 3 January 2000, with a DOR of 27 June 1999, with no further entitlement to additional pay or allowances based on these adjustments.

BOARD VOTE:  

___ca___  __dh____  __be___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Celia L. Adolphi___
		        CHAIRPERSON

INDEX

CASE ID	AR2001066258	
SUFFIX		
RECON		
DATE BOARDED	20020613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  21		
2.		
3.		
4.		
5.		
6.