ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20170011388 APPLICANT REQUESTS: a. reconsideration of her earlier request for adjustment of her date of rank (DOR) for captain (CPT) to a date that reflects the 2000 promotion board instead of the 2001 promotion board and b. as a new issue, reconsideration for promotion to major (MAJ) and lieutenant colonel (LTC) by earlier promotion boards. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 15 March 2017 * Reserve Appointment Memorandum, dated 20 December 1993 * State of New Hampshire Adjutant General Orders 291-007, dated 17 October 1996 * National Guard Bureau (NGB) Special Orders Number 217 AR, dated 14 November 1996 * U.S. Total Army Personnel Command memorandum, dated 6 May 1998, subject: Promotion as a Reserve Commissioned Officer of the Army * NGB Form 337 (Oaths of Office), dated 31 October 1999 * State of Georgia, Department of Defense – Military Division Orders 187-006, dated 2 November 1999 * State of New Hampshire Adjutant General Orders 314-001, dated 10 November 1999 * State of Georgia, Department of Defense – Military Division Orders 011-048, dated 11 January 2001 * ArmyLINK News Article, "More RC [Reserve Component] Captains Eligible for Back Pay," dated 9 February 2001 * U.S. Total Army Personnel Command Memorandum, dated 23 August 2001, subject: Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty * U.S. Army Reserve (USAR) Personnel Command Memorandum, dated 1 May 2002, subject: Promotion as a Reserve Commissioned Officer of the Army * * U.S. Army Human Resources Command (HRC) Orders B-04-802638, dated 29 April 2008 * Army Board for Correction of Military Records (ABCMR) Docket Number AR20080013315, dated 18 February 2009 * HRC Orders B-09-405826, dated 17 September 2014 FACTS: 1. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) on 20 December 1993. 2. The applicant states: a. Her promotion to CPT should be corrected to reflect the appropriate board as a result of the Reserve Officer Personnel Management Act (ROMPA) changing the time frame for time-in-grade (TIG) eligibility. b. Her promotion to CPT should have been part of the 2000 promotion board, not the 2001 promotion board. c. She should be considered by the appropriate Army Medical Department MAJ and LTC in-the-zone promotion boards with an adjusted CPT DOR and with appropriate pay adjustments. d. Her prior appeal did not have the source of error as ROPMA and her ultimate intent is to be moved ahead to the current Fiscal Year 2018 (FY 18) year group for colonel (COL) in-the-zone consideration instead of the current FY 19 in-the-zone consideration. e. She was promoted to first lieutenant (1LT) on 14 November 1996 and that same year ROPMA changed the TIG requirement for a 2LT from 3 years to 2 years and 1LT from 4 years to 5 years. f. Having already served 2 years and 11 months as a 2LT, she then served well over the 4 years as a 1LT (total TIG was 8 years, 3 months, and 22 days). She transferred to the USAR from the Army National Guard (ARNG) effective 1 January 2001; however, her Official Military Personnel File remained labeled ARNG at HRC and it was erroneously boarded as such. g. Notification of the 2001 CPT promotion board results were sent to the ARNG in August 2001, further delaying the promotion and not allowing the USAR to preposition selectees. a. h. Her final promotion date to CPT was 11 April 2002. Her CPT file should have been boarded in 2000 at the 7-year mark for 1LTs. She would have transferred to the Individual Ready Reserve (IRR) to accept promotion had she reached maximum time. 3. NGB Special Orders Number 217 AR, dated 14 November 1996, show she was granted Federal recognition and promoted to 1LT effective 14 November 1996. 4. On 9 May 2000, the Chief, Office of Promotions, Reserve Components, U.S. Total Army Personnel Command, notified and advised her that she had been identified as an officer whose consideration for mandatory promotion to CPT was delayed 1 year based on the Army's implementation of a ROPMA provision. She was further advised to submit an application to the ABCMR within 3 years after the date of this notification for an adjusted DOR to CPT and: a. Subsequent to her consideration, the Army revised Reserve of the Army promotion policy for officers whose first-time consideration by a mandatory promotion board was delayed 1 year when the Army implemented a ROPMA provision requiring 5 years of service as a 1LT and the policy change only applied to officers recommended on their first consideration. b. Officers affected by this policy change were considered by a mandatory selection board for promotion to CPT for the first time in November 1997 (CPT, Army Promotion List), January 1998 (CPT, Army Medical Department), and March 1998 (CPT, Chaplain). These officers would have been considered in November 1996 and January and March 1997, respectively, had Army policy implementing ROPMA grandfathered those officers who had served 3 years as a 2LT and not required them to serve 8 total years. Officers who were affect by this policy now had a DOR not earlier than the final approval date for the board that considered them. Officers who apply for an adjusted DOR may be given an adjusted DOR of not earlier than the final approval date of the board that would have considered them had the Army policy grandfathered their 2LT service. 5. There is no evidence in her records indicating she applied to the ABCMR for an adjusted DOR within 3 years of her 9 May 2000 notification from the U.S. Army Total Army Personnel Command. 6. On 15 November 2000, 22 February 2001, and 5 November 2001, the Chief, Office of Promotions, Reserve Components, U.S. Total Army Personnel Command, notified her again that she had been identified as an officer whose consideration for mandatory promotion to CPT was delayed 1 year based on the Army's implementation of a ROPMA provision. 7. On 13 November 2001, she was promoted to CPT. 8. On 11 April 2002, she was promoted to MAJ. 1. 9. ABCMR Docket Number AR20080013315, dated 18 February 2009, shows her request for an adjusted DOR was denied. The provisions of ROPMA were not applied. 10. On 20 August 2018, the Chief, Special Actions Branch, NGB, provided an advisory opinion in which he recommended partial approval. He stated: a. On 11 September 1996, ROPMA was published as a guide that was used to assist ARNG Personnel Managers. On 21 May 2001, an Army LINK News article was published which stated an oversight was made when implementing ROPMA. As a result, USAR and ARNG CPTs whose first-time consideration was delayed to the November 2000 through March 2001 boards may be eligible for adjustment of their DORs per the final phase of the publication. b. Based on the applicant's DOR as 1LT of 14 November 1996 and the cutoff date of the 2000 Army CPT promotion board being 16 May 1997, it was the opinion of the ARNG Special Actions Branch that the applicant should have been considered by the 2000 CPT promotion board. c. If the applicant receives a favorable decision from the ABCMR, the USAR will be required to make any corrective action. The ARNG does not have promotion authority to correct a USAR Soldier's DOR. d. The Georgia ARNG concurs with the recommendation. This opinion was coordinated with the ARNG Department of the Army Selection Boards Branch and the Officer Policy Branch. 11. On 23 August 2018, a copy of the advisory opinion was sent to the applicant for review and for an opportunity to respond. 12. On 24 September 2018, she responded wherein she stated she hoped the ABCMR would make a favorable decision and adopt the ARNG's opinion. 13. On 17 December 2018, the Chief, Officer Promotions Board Announcements, Support, and Promotion Orders, HRC, provided an advisory opinion in which he stated four separate notifications to request an adjustment were initially published some 18 years ago (9 May 2000, 15 November 2000, 22 February 2000, and 5 November 2001) to officers affected based on their DORs. Each notice clearly stated those who elected to apply must do so at any time within 3 years of receiving the memorandum and that anything submitted thereafter would require a waiver of the ABCMR's statute of limitations. He further stated any adjustment relating to the applicant's DOR, effective date, and a probable directive for a special selection board would be determined by the ABCMR. 14. On 7 January 2019, a copy of this advisory opinion was provided to the applicant for review and for an opportunity to provide a response. She did not respond. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant receiving multiple notifications through correspondence with the Human Resource Command for officers affected with date of rank issues required to notify them within 3 years and the applicant failed to respond in a timely manner, the Board concluded there was no injustice that warranted to making a change to the service record. The Board also concluded that making a change to the date of rank of the applicant at this late date, almost 18 years after the effected date of rank, may cause an injustice for other Soldiers, because her records may have to be sent to a special selection board for other promotions; thus causing fellow Soldier’s potential promotions being delayed or them being non-selected. BOARD VOTE: Mbr 1 Mbr 2 Mbr 2 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 4/18/2019 CHAIRPERSON Signed by I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. ROPMA, enacted by Congress on 5 October 1994 as public law under Title 10, U.S. Code, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve Component officers. ROPMA specifies that a 2LT must serve a minimum years in grade (MYIG) of 2 years before promotion to 1LT, and a 1LT must serve a MYIG of 5 years before promotion to CPT. The policies in effect prior to ROPMA required completion of 3 years as a 2LT and 4 years as a 1LT before promotion to CPT. ROPMA further specified that the officer must be serving in a position requiring the higher grade or be assigned to the IRR or an Individual Mobilization Augmentee (IMA) position. Promotion policy also required completion of the necessary military education (officer basic course) and civilian education (baccalaureate degree). ROPMA promotion boards for CPT were administratively delayed. Presidential approval 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. 2. ROPMA further specified the officer must be serving in a position requiring the higher grade or be assigned to the IRR or an IMA position. Officers serving in the IRR will be promoted on the date they complete their MYIG. Promotion policy also requires completion of the necessary military education (officer basic course) and civilian education (baccalaureate degree). 3. Army Regulation 135-155 (ARNG and USAR – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officers of both the ARNG of the United States and the USAR and warrant officers of the USAR. This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures for processing selection board recommendations. a. Table 2-1 shows for mandatory Reserve of the Army promotions, eligibility is based on TIG as follows – * promotion to 1LT requires completion of a maximum of 5 years of TIG as a 2LT * promotion to MAJ requires completion of a maximum of 7 years of TIG as a CPT * promotion to LTC requires completion of a maximum of 7 years of TIG as a MAJ * promotion to COL requires completion of a maximum of 5 years of time as a LTC b. Paragraph 3-10 states zone of consideration lists will be prepared according to criteria established by the Commander, HRC, and Chief, Office of Promotions, HRC. a. The Secretary of the Army or his designee will issue a memorandum of instruction to selection boards. The memorandum of instruction will include the zone of consideration as well as guidance to the board on methods of selection, reports to be furnished, and any other administrative details required. c. Paragraph 3-18 states an officer's name will be removed from a promotion list when the officer is not in the zone of consideration. d. Paragraph 3-19a(2) states special selection boards convened under ROPMA on and after 1 October 1996, will reconsider commissioned officers, (other than commissioned warrant officers) who were wrongly not considered and reconsider commissioned officers (other than commissioned warrant officers) who were considered but not selected by mandatory promotion boards that convened on or after 1 October 1996. e. Paragraph 4-15a states the effective date of promotion may not precede the date on which the promotion memorandum is issued. In addition, the officer must already be assigned/attached to a position in the higher grade. An officer's DOR will be used to establish his or her TIG requirements to the next grade or if an IRR/IMA officer selected by a mandatory promotion board, have completed the maximum number of years in grade in the current grade. f. Paragraph 4-18 states only the Secretary of the Army is authorized to determine whether an officer was qualified for promotion during any part of an involuntary delay of promotion. Accordingly, only the Secretary of the Army may determine whether an adjustment must be made to an officer's DOR and effective date of promotion.