ABCMR Proceedings (cont)                                                         AR2002084231

PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 July 2003                  
	DOCKET NUMBER:   AR2002084231

	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. Roger W. Able | | Chairperson
| Ms. Barbara J. Ellis | | Member
| Mr. Larry C. Bergquist | | 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, in effect, correction to his promotion effective date and date of rank for lieutenant colonel.

3.  The applicant states that the Reserve lieutenant colonel 2000 promotion list was delayed.  The delayed caused him to exceed the 7 years mandatory time in grade (MTIG) from major to lieutenant colonel.  Left uncorrected, his current 12 April 2000 promotion date will prevent him from being considered for promotion to colonel until 2004.  In support of his request he submits copies of his lieutenant colonel promotion orders and his officer record brief.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 16 March 1979.

5.  He attained the rank of major effective 13 March 1993.  Based on the required 7 years time in grade, his MTIG date for promotion to lieutenant colonel was 12 March 2000.

6.  He was considered and selected for promotion to lieutenant colonel by the 1999 Reserve Components Selection Board (RCSB), which convened on 8 September 1999.  The President approved the results of the board on 12 April 2000.

7.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was selected for promotion by the 1999 RCSB with a promotion eligibility date (PED) of 12 March 2000.  He was promoted on orders dated 9 May 2000, with a date of rank of 12 April 2000, the date the President approved the board.  The applicant was in a higher graded position on his PED; therefore, it was recommended that his promotion orders be corrected to reflect his date of rank as 12 April 2000.

8.  The opinion was forwarded to the applicant for rebuttal on 14 May 2003.  He concurred on 20 May 2003.

9.  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 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 lieutenant colonel the MTIG 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.  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.
10.  The ROPMA promotion boards for lieutenant colonel 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.

11.  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.”

12.  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 major for promotion to lieutenant colonel.  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.

CONCLUSIONS:

1.  The applicant is entitled to adjustment to his date of rank for lieutenant colonel to 12 March 2000, 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 12 April 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 12 April 2000, with a date of rank of 12 March 2000, 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:  

_BJE_____  _LCB___  _RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Roger W. Able______
		        CHAIRPERSON

INDEX

CASE ID | AR2002084231
SUFFIX |
RECON |
DATE BOARDED | 20030710
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 131.00
2. | 131.05
3. |
4. |
5. |
6. |