PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           3 June 2003                  
	DOCKET NUMBER:   AR2002080029

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Paul M. Smith		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 that his date of rank as a major be corrected to 21 May 1998.

3.  He states that his promotion eligibility date was 21 May 1998 and that he had been serving in a major's position since 16 February 1997.

4.  The applicant's military records show that he, an Army Reserve officer, 
was promoted to captain on 21 May 1991 and to major, effective 31 August 1998.  

5.  The applicant’s file went before the 1998 major promotion board, which recessed on 24 April 1998 and the recommendations of that board were forwarded to the President for approval.  The President approved the recommendation on 31 August 1998.  Based upon the date of the President’s approval of the promotion board’s recommendations, the applicant was promoted to major, effective 31 August 1998.  

6.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers of the U.S. Army Reserve (USAR).  In pertinent part, it states that first consideration for promotion will occur well in advance of the date the officer will complete the time in grade (TIG) requirements in Table 2-1.  Table 2-1 lists the TIG requirements for major as a minimum of 4 years and a maximum of 7 years.  It also states that upon completion of the recommendations of the selection board the recommendations are forwarded to the President for approval.  A promotion memorandum is to be prepared after the President has approved the promotion board recommendations.  The effective date of promotion for commissioned officers may not precede the date on which the promotion memorandum is issued.

7.  During the processing of this case an advisory opinion was obtained from the Total Army Personnel Command.  The Chief, Special Actions Branch, Reserve Components noted that, based on his promotion date of promotion to captain and the time in grade requirement, the applicant’s promotion eligibility date to major was 20 May 1998. He also noted that, since 16 March 1967, the applicant had been in a position requiring the higher grade and that his date of rank should be 20 May 1998.  However, he further noted that, under the Reserve Officer Personnel Management Act (ROPMA) an officer cannot be promoted until the President approves the promotion board's recommendation.  Since the Presidential approval occurred on 31 August 1998, this was the earliest effective date possible.

8.  A copy of the advisory opinion was forwarded to the applicant.  The record does not contain an indication of any rebuttal by the applicant.

CONCLUSIONS:

1.  Based on his time in grade and date of rank as a captain, the applicant was properly considered by the 1998 selection.  Since he was serving in a position requiring the higher grade, he was eligible for an adjusted date of rank to 20 May 1998.

2.  However, since an officer cannot be promoted prior to the date that the President approved the recommendations, 31 August 1998 is the proper effective date.

3.  The above conclusions are in consonance with the advisory opinion from the Chief, Special Actions Branch, Reserve Components.

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records recommended below would rectify an injustice

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that only the date of rank of the individual concerned be adjusted  to 20 May 1998.

BOARD VOTE:  

__JHL___  __JLP___  __PMS   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   JoAnn H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080029	
SUFFIX		
RECON	 	
DATE BOARDED	20030603 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	           	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	  GRANT  	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.