| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: Correction to his date of rank (DOR) for major from 19 July 2000 to 30 September 1999.
APPLICANT STATES: That based on his DOR for captain (1 October 1992) and in accordance with Army Regulation 135-155, table 2-1, he reached the 7 mandatory years for major on 30 September 1999. The effective date of promotion is the date the officer is eligible for pay and allowances in the higher grade. He submits copies of promotion orders to captain and major and a copy of Army Regulation 135-155 in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Reserve as a second lieutenant effective 15 May 1987.
He entered on active duty effective 30 September 1988 and was appointed in the Regular Army effective 23 June 1989, and promoted to captain effective 1 October 1992.
Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 30 September 1999.
He was discharged from the Regular Army for non-selection of permanent promotion to major effective 29 January 2000.
Officer Management Division verified that he was assigned to a Reserve major position effective 30 January 2000.
He was placed on the Reserve Active Status List (RASL) and considered and selected for promotion to major by the 2000 Reserve Components Selection Board (RCSB) that convened on 7 March 2000. The President approved the results of the board on 19 July 2000.
A promotion memorandum dated 10 August 2000 was issued to him showing 19 July 2000 as his effective date and date of rank for major.
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 major the MTIG 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 specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.
The ROPMA also does not apply to Regular Army officers. The RASL applies to Reserve officers.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. The regulation specifies that mandatory selection boards will convene each year and will consider Army National Guard and Reserve officers on the RASL for promotion to major. The regulation also specifies that officers on the active duty list (ADL) will not be considered. Paragraph 4-21 specifies that unit officers selected by a mandatory board will have a promotion date and effective date no earlier than the date the board is approved by the President, provided they are assigned to a position in the higher grade.
The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain on 1 October 1992. Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date to major was 1 October 1999. He was considered for promotion to major by the 2000 RCSB and recommended. Under ROPMA, an officer cannot be promoted until the President has approved the board. The board was approved on 19 July 2000 and the resulted were released on 10 August 2000. Officer Management Division verified that he went into the position requiring the higher grade on 30 January 2000. He was issued a promotion memorandum on 10 August 2000, with a date of rank of 19 July 2000, since this was the day the President approved the board. It was recommended that the application be denied.
The opinion was forwarded to the applicant for rebuttal on 27 November 2001. He did not respond.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to correction to his date of rank for major. The applicant’s promotion to major effective 19 July 2000 was proper. He has not shown otherwise.
2. The Board has noted his contentions that based on his date of rank to captain and Army Regulation 135-155 he reached eligibility for promotion to major on 30 September 1999. However, Army Regulation 135-155 provides for the consideration of promotion by a mandatory board of Army National Guard and Reserve officers on the RASL. The regulation does not provide for consideration of officers on the active duty list (ADL). It is further noted that based on his date of rank for captain, his MTIG date for major and being an officer on the ADL, he was appropriately considered by Regular Army selection boards; however he was not selected. After his release from active duty on 29 January 2000, he accepted a major’s position in the Reserve; therefore, the first appropriate RCSB, which convened 7 March 2000, subsequent to 30 September 1999, considered him.
3. Under pertinent promotion policy, an officer on the RASL, who is selected for promotion, is eligible for a date of rank and effective date no earlier than the date the President approved the board and the President approved the 2000 RCSB on 19 July 2000.
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
_fne____ _tbr____ _dph____ DENY APPLICATION
| CASE ID | AR2001063121 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020305 |
| 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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