SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           26 November 2002
	DOCKET NUMBER:   AR2002081725

	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 23 August 2001 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  23 August 2001 .

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry, Jr.		Member	

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

	The Board considered the following additional evidence:

	Exhibit C– Promotion Qualification Statement 

	Exhibit D – Prior Proceedings

THE BOARD ADDITIONALLY FINDS:

10.  The Board's previous recommendation in this case (AR2001061053) dated 23 August 2001 was for an adjusted date of rank under the Reserve Officer Personnel Management Act (ROPMA) for captain from 18 April 2000 to 15 November 1999, with entitlement to back pay and allowances in the higher grade on that date now requires further review.  

11.  On 23 December 2001, the applicant contacted the Board and stated that after reviewing his packet for an adjustment to his date of rank and found that his date of rank was adjusted to 15 November 1999, the date he was placed in a captain position was inaccurate.  He also stated that the newly arrived personnel management officer did not have a good history on him at the time his ROPMA date of rank adjustment packet was submitted.  Therefore, he would send in another Promotion Qualification Statement filled out by his commander at the time he was assigned to his first and previous captain position.

12.  On 23 May 2002, the applicant faxed to the Board a Promotion Qualification Statement showing that he was assigned to a captain position effective 1 October 1998 with the 489th Engineer Battalion and requested that his date of rank be adjusted accordingly.  It was verified and signed by his commander on 6 December 2001.

13.  Under the circumstances the applicant was entitled to promotion to captain on 21 March 1999, provided he was assigned to a captain position on or prior to that date.

14.  The ROPMA, a public law enacted by Congress on 5 October 1994 and implemented on 1 October 1996, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve Component commissioned officers.  Under ROPMA, officers in the rank of first lieutenant who were first-time considered and selected for promotion to captain, after having served more than 7 combines years as a lieutenant may be promoted on or before their maximum time in grade (MTIG) date, providing they are in an authorized troop program unit captain position.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 23 August 2001 decision in this case as pertains to the applicant (AR2001061053), 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 28 May 1999, since he was assigned to a captain position before that date.
8.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he was promoted on the date that final board action should have occurred for the 1999 Reserve Components Selection Board to captain with a promotion effective date and date of rank of 21 March 1999, with entitlement to back pay and allowances.

9.  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        23 August 2001 ABCMR List Case (ROPMA Project) – Phase III (Gold) by showing that the individual concerned was promoted to captain with a promotion effective date and date of rank of 21 March 1999, with entitlement to back pay and allowances.

BOARD VOTE:

_SAC___  _HOF___  _RWA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Samuel A. Crumpler
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR200281725	
SUFFIX		
RECON		
DATE BOARDED	20021126	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.		
3.		
4.		
5.		
6.