| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn G. Wade | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Ronald E. Blakely | Member |
2. The applicant requests that his date of rank to major be adjusted from 17 July 2000 to his promotion eligibility date of 1 October 1999.
3. The applicant states that his promotion orders show his date of rank and effective date of promotion to major as 17 July 2000. The date of rank, Item “B,” should be 1 October 1999, the date he reached his 7th year as a captain. He cites Army Regulation 135-155, paragraph 4-19d as the authority for the correction.
4. The applicant’s military records from his commissioned service are not available. The information contained herein was obtained from evidence provided by the applicant and from information obtained from the Army Reserve Personnel Command (AR-PERSCOM), Full Time Support Management Directorate.
5. The applicant is in the Active Guard/Reserve (AGR) program. The Full Time Support Management Directorate states: that he was promoted to captain on 1 October 1992, making his promotion eligibility date to major 7 years later, 30 September 1999; and that he was assigned to a position graded as a major's billet on 12 February 1999.
6. The applicant was considered by the 1999 Reserve Component Major APL selection board that convened on 2 March 1999 and adjourned 2 April 1999. The President of the United States approved the results of the selection board with his signature on 3 January 2000. On 18 July 2000, the US Total Army Personnel Command at St. Louis, Missouri notified the applicant that he was promoted to major effective 17 July 2000 with a date of rank of 17 July 2000.
7. Title 10, U. S. Code, section 12203 provides that appointments of Reserve officers in commissioned grades above the grade of lieutenant colonel shall be made by the President, by and with the advice and consent of the Senate. Appointments of Reserve officers in commissioned grades of lieutenant colonel and below shall be made by the President alone.
8. Army Regulation 135-155, effective 1 September 1994, provides policy and procedures for the selection and promotion of commissioned officers of the Army National Guard of the United States and the U. S. Army Reserve (USAR). Paragraph 4-19 was superceded by the Reserve Officer Personnel Management Act (ROPMA) in 1996. Until the regulation is updated, effective promotion dates are now governed by Title 10, U. S. Code, chapter 1405.
9. Title 10, U.S. Code, section 14304 states that officers shall be placed in the promotion zone for that officer’s grade and competitive category and shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade specified so that,
if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service. The maximum years of service for promotion to the grade of major is 7 years.
10. Title 10, U.S. 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.
11. In similar cases, the Office of The Judge Advocate General has previously opined that USAR AGR officers who are serving in positions requiring the grade to which they will be promoted will have an effective date and date of rank in the higher grade as the date of issuance of the promotion memorandum. Additionally, the issuance of the promotion memorandum may not precede the approval by the President of the promotion board results. The previous authority of Title 10, U.S. Code, section 3363(d) to antedate the effective dates of Reserve officer promotions was repealed without replacement by ROPMA.
CONCLUSIONS:
1. The provisions of law state that an officer cannot be promoted earlier than the date the President approved the results of the selection board. In the applicant’s case, this is 3 January 2000.
2. However, the provisions of law also state that an officer will be considered for promotion well in advance, so that, if recommended, he could be promoted on or before the date on which he completes the maximum years of service, which in the applicant’s case is 7 years. The applicant completed 7 years as a captain on 30 September 1999.
3. Notwithstanding the provisions of law that limit the effective date of promotion based on the date the President signs the promotion list, fairness requires that the officer’s records be corrected to show his date of rank to be the date he completed the maximum years of service, i.e., 30 September 1999. The Board concludes that there is no unfairness in not adjusting the effective date of his promotion, as all other officers selected for promotion by that board will also have the same effective date.
4. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was promoted to major as a Reserve commissioned officer of the Army in an Active Guard/Reserve status effective 3 January 2000 with a date of rank of 30 September 1999.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
_JNS____ _LE_____ __REB__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__ __John N. Slone_______
CHAIRPERSON
| CASE ID | AR2001052633 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010925 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | DASA |
| ISSUES 1. | 102.0700 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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