| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Correction to his promotion date for lieutenant colonel.
APPLICANT STATES: That he was assigned to his present unit since 15 February 2000 and was in a lieutenant colonel’s position as a Regular Small Group Leader. His promotion date for major was 25 April 1994 and he held the rank of major for over 3 years and was in a troop program unit (TPU), thus promotable.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Georgia Army National Guard (GA ARNG) as a second lieutenant effective 28 April 1979.
He attained the rank of major effective 25 April 1994. Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to lieutenant colonel was 24 April 2001.
He was reassigned to a TPU with the Puerto Rico ARNG effective 7 March 1995.
He was considered and selected for promotion to lieutenant colonel by the 2000 Reserve Component Selection Board (RCSB), which recessed on 6 October 2000. The President approved the board on 8 February 2001.
A promotion memorandum dated 8 March 2001 was issued to him showing 8 February 2001 as his promotion date for lieutenant colonel.
The Reserve Officer Personnel Management Action (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 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 completed 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.
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 correction to his promotion date for lieutenant colonel. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board notes his contentions that he was promoted to major effective 25 April 1994 and was in a lieutenant colonel’s position, thus he was promotable. However, his first eligible board that recessed on 6 October 2000 and was approved by the President on 8 February 2001 appropriately considered the applicant.
3. It is also noted that the applicant’s promotion date for lieutenant colonel has been established as 8 February 2001, which is earlier than his MTIG date of 24 April 2001; therefore, he has received the earliest promotion date for lieutenant colonel he is entitled to receive.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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
_jtm____ _rvo____ _jtm____ DENY APPLICATION
| CASE ID | AR2001061261 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020228 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.01 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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