PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            31 OCTOBER 2002                   
	DOCKET NUMBER:   AR2002074848

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr. 		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 records be corrected by adjusting his Major’s date of rank from 2 October 1997 to 1 June 1996 or earlier.  

3.  The applicant states that he reached his 7 years time in grade for promotion to Major in June 1995 or 1996, based on his Captain’s date of rank of 1 June 1989. 

4.  The applicant’s military records show that he served in the Army National Guard in an enlisted status from October 1978 to August 1979.  He enrolled in the Army Reserve Officers Training Corps (ROTC) Program, graduated, and was appointed as a Reserve second lieutenant on 20 July 1983, and ordered to active duty on 28 September 1985.  

5.  He was promoted to first lieutenant and captain on 19 July 1986 and 1 June 1989, respectively.

6.  On 31 March 1996 he was released from active duty and transferred to the USAR Control Group, St. Louis, Missouri.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 10 years, 6 months, and 3 days of active service.

7.  On 15 April 1997, he was ordered to active duty in the grade of Captain, for a period of 3 years in an Active Guard Reserve (AGR) status.

8.  The applicant was selected for promotion to Major by the 1997 DA Reserve Components Selection Board.  On 2 October 1997, he was promoted with an effective date and date of rank of 2 October 1997.  

9.  In the processing of this case an advisory opinion was obtained from the U.S. Total Army Personnel Command, Special Actions Branch, Office of Promotions, Reserve Components, which recommended that the applicant’s date of rank be corrected to reflect 31 May 1996, the date he completed his 7 years time in grade requirement for promotion to major.  The advisory opinion also states that if his date of rank is corrected to 31 May 1996, it would place him in the zone of consideration for the 2002 Lieutenant Colonel Selection Board.  The applicant was provided a copy of the advisory opinion and concurred with its recommendation.

10.  The Reserve Officer Personnel Management Act (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 became effective 1 October 1996.  ROPMA provides that in order to be eligible for promotion to major the maximum years in grade for a major 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.

CONCLUSIONS:

1.  The officer is entitled to an adjustment of his date of rank to Major from 
2 October 1997 to 31 May 1996, the date he completed his maximum years of service in grade.

2.  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 adjusting the applicant’s date of rank for Major to 31 May 1996.

BOARD VOTE:  

__CLG __  __RKS__  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Curtis L. Greenway___
		        CHAIRPERSON

INDEX

CASE ID	AR2002074848	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021031	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.