PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:         26 June 2003                  
	DOCKET NUMBER:   AR2002081999

	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. Walter T. Morrison 		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster 		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 for major from 4 January 2000 to 5 May 1999.

3.  The applicant states that to comply with Title 10, United States Code or the Reserve Officer Personnel Management Act (ROPMA), his 7 years time in grade as a captain was reached on 4 May 1999.  He also states that the 1999 promotion selection board results were delayed until January 2000.  In support of his application he submits copies of his promotion orders for captain and major.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 4 May 1985.

5.  He attained the grade of captain effective 20 May 1992.

6.  He was assigned to a major’s position effective 12 April 1999.

7.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 19 May 1999.

8.  He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB), which convened from 2 March to 2 April 1999.  The President approved the results of the board on 3 January 2000. 

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

10.  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 the management of 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 completes 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 boards by the President.

11.  The ROPMA promotion boards for major were administratively delayed.  In some cases the Presidential approvals of the results of the pertinent promotion boards were also administratively delayed.  Based on normal processing, they should have been convened earlier and approved approximately 100 days after the respective recess dates.

12.  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.”

13.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that time in grade for a commissioned officer is 7 years in the grade of captain for promotion to major.  The regulation also specifies that Reserve unit officers will be promoted provided they are assigned to a position in the higher grade and the date of rank will be the date the officer attained the MTIG or the date on which assigned to a position in the higher grade.

14.  The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant’s date of rank for captain was 20 May 1992 and by the 7 years time in grade requirement his promotion eligibility date (PED) was 19 May 1999.  He was selected for promotion by the 1999 RCSB and promoted with a date of rank of 3 January 2000, the date the President approved the board.  The applicant was in a higher-grade position on his PED; therefore, it was recommended that his date of rank be correction to 19 May 1999 and his effective date remain as 3 January 2000.  In view of the facts, it was recommended that his request be approved.

15.  The opinion was forwarded to the applicant for rebuttal on 3 March 2003 2003.  He did not respond.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date or rank for major to 19 May 1999, his MTIG date based on the processing delays of the 1999 promotion board.

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:

1.  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 19 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_LF_____  _WTM___  __LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_	Walter T. Morrison_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002081999	
SUFFIX		
RECON		
DATE BOARDED	20030626	
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.