| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms Kathleen A. Newman | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: Correction to her date of rank for captain to 9 August 1996.
APPLICANT STATES: That an oversight was made when implementing the Reserve Officer Personnel Management Act (ROPMA). Prior to October 1996, Reserve Components officers generally served 3 years as a second lieutenant before being promoted to captain. She also states that she had 3 years (1989-1992) as a second lieutenant and 5 years as a first lieutenant (1992-1997). She believes her date of rank for captain should be 9 August 1996. Under ROPMA, Reserve officers serve 2 years as a second lieutenant. She submits a copy of her officer record brief and her promotion memorandum for first lieutenant and captain in support of her application.
EVIDENCE OF RECORD: The applicant's military records show:
She was appointed in the Puerto Rico Army National Guard (PR ARNG) as a second lieutenant effective 1 February 1993, with a date of rank of 11 August 1989.
She was promoted to first lieutenant effective 10 August 1992.
Based on the required 4 years time in grade, her promotion eligibility date (PED) for captain was 9 August 1996.
She was considered and selected for promotion to captain by the 1996 Reserve Components Board (RCSB), which recessed on 15 December 1995. The President approved the results of the board on 16 February 1996.
A promotion memorandum dated 1 March 1996 from the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), was issued to the applicant indicating her PED as 9 August 1996. The memorandum also advised the applicant that the promotion effective date will be the later of the following dates: a. the promotion eligibility date, or b. date Federal recognition is extended in the higher grade.
Orders dated 10 March 1997, show the PR ARNG promoted the applicant to captain with a promotion effective date of 6 March 1997. The orders advised that the officer will not be paid as a captain until Federal recognition is issued.
On 26 March 1997, she was extended Federal recognition for promotion to captain.
Records show the applicant’s date of rank for captain as 6 March 1997 and that she was appointed to a caption position on 15 May 2000.
National Guard Regulation (NGR) 600-100, chapter 8 established the policies and procedures for promotion of officers in the ARNG. The regulation specifies that ARNG commissioned officers will be mandatorily considered for promotion as Reserve commissioned officers of the Army when they meet minimum promotion service requirements, and ARNG commissioned officers who are selected for promotion may be extended Federal recognition in the higher grade if the officers have reached their PED. Essentially, the officers are promoted by order of the Governor of the State. However, until Federal Recognition in the new rank is confirmed by the NGB, the individual cannot be paid at the pay scale for the higher rank.
The ROPMA was enacted effective 1 October 1996. Among many other things, it required that second lieutenants serve a maximum years of service in grade (MYIG) of 2 years before promotion to first lieutenant, and first lieutenant’s serve a MYIG of 5 years before promotion to captain. The ROPA in effect prior to ROPMA required completion of 3 years as a second lieutenant and 4 years as a first lieutenant before promotion to captain.
Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies 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. The regulation also specifies that, as in this case, the officer must be serving in a position requiring the higher grade.
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 her date of rank for captain to 9 August 1996. She has not shown error, injustice, or inequity for the relief she now requests.
2. The Board has noted her contentions; however, the applicant was not in a captain position and did not meet all of the promotion requirements on 9 August 1996.
3. The Board also noted that while the PR ARNG promoted the applicant to captain with a promotion effective date of 6 March 1997, and her records show her date of rank as 6 March 1997, she was not in a captain position on 9 August 1996; therefore, she is not entitled to an earlier date of rank.
4. It is further noted that the applicant was considered and selected by the 1995 RCSB, which was prior to ROPMA. Her date of rank for captain was not caused by an oversight with the implementation of ROPMA.
5. 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.
6. 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
_KAN____ _RTD___ _INW___ DENY APPLICATION
| CASE ID | AR2001064410 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020627 |
| 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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