| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Ms. Linda D. Simmons | Member |
APPLICANT REQUESTS: Reconsideration of his previous request for correction to his effective date for promotion to major with entitlement to back pay and allowances.
APPLICANT STATES: That his original request was to have his effective date of promotion changed. The board’s favorable decision changed his date of rank (DOR), but not his effective date. He was informed by Defense Finance and Accounting Services that this means he is not entitled to back pay, but that a further ruling from the Army Board for Correction of Military Records (ABCMR) would change that.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 21 September 2000 (AR2000040727).
His promotion eligibility date for major was 19 June 1999.
He was considered and selected for promotion to major by1999 Reserve Components Selection Board (RCSB) which convened on 2 March 1999. The President approved the board on 3 January 2000. The processing of the board results was administratively delayed.
A promotion memorandum dated 14 January 2000 was issued to him showing 3 January 2000 as his effective date and DOR for major.
On 3 April 2000, he requested that this Board (ABCMR) change his effective date of promotion to major from 3 January 2000 to 10 June 1999.
On 21 September 2000, the ABCMR recommended that his DOR for major be corrected to 10 June 1999. The Board further concluded that notwithstanding the delay in the promotion process, his effective date of promotion should remain as 3 January 2000, the date the President actually approved the board. The Board’s recommendation was approved on 26 October 2000.
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 MYIG for a captain 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 completed the maximum service. ROPMA further species that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.
ROPMA also specifies that the officer’s effective date of promotion will be the Presidential approval date of the board which selected the officer.
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.”
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to adjustment to his effective date for promotion to major, with entitlement to back pay and allowances. He has not shown error, injustice, or inequity for the relief he now requests. The previous Board’s recommendation was approved changing the applicant’s DOR for major from 3 January 2000 to 10 June 1999. His effective date was specifically not changed.
2. The Board has noted his contention that his DOR was favorably changed but not his effective date. However, his DOR was directed to be corrected to 10 June 1999 based on his first time selection by an RCSB on or before meeting the maximum time in grade requirement. Pertinent legislation does not provide for additional pay and allowances if an officer’s promotion date is adjusted to reflect an earlier date.
3. In similar cases, the Board has adjusted the DOR of Reserve officers in the grade of major affected by the delay in the promotion process. The adjustments were based on these officers meeting the 7 years time in grade requirement. The effective date of promotion for those officers remained the date the President actually approved the board and as shown on their promotion memorandums.
4. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_lds____ _rvo____ _cjp____ DENY APPLICATION
| CASE ID | AR2001057641 |
| SUFFIX | |
| RECON | 20000921 |
| DATE BOARDED | 20010830 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.02 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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