SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 May 2003
	DOCKET NUMBER:   AR2002077400

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 5 February 2002 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 5 February 2002.

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Gail J. Wire		Member	

	The applicant and counsel, if any, did not appear before the
         Board.

	The Board considered the following additional evidence:

	Exhibit C - Application for correction of military records

	   Exhibit D - Prior proceedings

THE BOARD ADDITIONALLY FINDS:

10.  The Board’s previous recommendation in this case (AR2002067369) on 5 February 2002 was for an adjusted date of rank for his rank of captain to 10 October 2000, with entitlement to pay and allowances in the higher grade on that date.  The recommendation was approved on 18 February 2002.

11.  When his initial Army Reserve Personnel Command (ARPC) Form 155-R was completed, Part II, number 8 was completed incorrectly.  The “date assigned position” listed was 15 October 2000 and reflected his current duty assignment at the 88th Regional Support Command.  Previous to this assignment he was already assigned to a captain position with the 1st Battalion, 95th Division with “date assigned position” listed as 15 October 1997.  In support of his request he submitted an ARPC Form 155-R showing this information.  The applicant also stated that he has not cashed the correction paycheck pending this consideration.  The Office of Promotions, Reserve Components, Total Army Personnel Command has advised the applicant of the procedures for returning the correction paycheck in his possession.

12.  Promotion boards for captains were administratively delayed during 1996 through 1999.  The Presidential approvals of the results of the pertinent promotion boards were also administratively delayed.  Based on the normal processing, they should have been convened earlier and approved approximately 100 days after the respective board recess dates.

13.  The Acting Principal Deputy Assistant Secretary of the Army (Manpower and Reserve Affairs) acknowledged that pertinent Army agencies had agreed that the faulty promotion policy for promotion to captain under the Reserve Officer Personnel Management (ROPMA) should be revised.  He further stated that affected individuals would be advised they could seek relief from the Army Board for Correction of Military Records which could adjust the date 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.  Applicants were invited to apply directly to the Army Board for Correction of Military Records for date of rank adjustments showing their current and requested date adjustments.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 5 February 2002 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of his promotion to captain.

7.  Under ROPMA criteria, based on his first-time consideration/selection he should have been promoted to captain on or before his MTIG date of 27 May

2000, provided he was assigned to a captain position prior to that date.  As in this case, the applicant has submitted evidence showing he was assigned to a captain position on 15 October 1997.  Therefore, he is entitled to an adjusted promotion effective date and date of rank of 18 April 2000, the date final board action should have occurred for the 1999 promotion board, with entitlement to back pay and allowances.  

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated        5 February 2002 ABCMR List Case (ROPMA Project) – Phase IV (Yellow) by showing that the individual concerned was promoted to captain with a promotion effective date and date of rank of 18 April 2000, with entitlement to back pay and allowances.

BOARD VOTE:

_SK____  _GJW____  _RVO__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					     Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002077400	
SUFFIX		
RECON		
DATE BOARDED	20030522	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.