Mr. Carl W. S. Chun | Director | |
Mrs. Carolyn G. Wade | Analyst |
Mr. Arthur A. Omartian | Chairperson | |
Mr. Roger W. Able | Member | |
Ms. Karen Y. Fletcher | Member |
2. The applicant requests that his date of rank to major be adjusted from 19 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 19 July 2000. The date of rank, Item “B,” should be 30 September 1999, the date he reached his 7th year as a captain. He cites Army Regulation (AR) 135-155, paragraphs 3-10, 4-10, and table 2-1 as the authority for the correction.
4. In support of his application, the applicant submitted a copy of his promotion order to captain/0-3, his promotion memorandum to major/0-4, and Table 2-1, AR 135-155.
5. The applicant’s military records show that he served on active duty from 1 November 1988 to 10 July 1999. During his active duty, he was twice considered for promotion to major by the Major, Army Competitive Category, Promotion Board and was not selected for promotion. Immediately following his separation from active duty, he entered the Active/Guard Reserve (AGR) program. The Full Time Support Management Directorate states that he was assigned to a position graded as a major's billet on 11 July 1999.
6. The applicant was considered for the first time and selected by the 2000 Reserve Component, Major, Army Promotion List Selection Board that convened on 2 March 2000 and adjourned 2 April 2000. The President of the United States approved the results of the selection board with his signature on 19 July 2000. On 10 August 2000, the US Total Army Personnel Command at St. Louis, Missouri notified the applicant that he was promoted to major effective 19 July 2000 with a date of rank of 19 July 2000.
7. Army Regulation 600-8-24, Chapter 2, sets forth the tasks, rules, and steps for the release from active duty (REFRAD) of Reserve Component (RC) officers and officers of the Army of the United States without specification of component, including those assigned to other than Department of the Army agencies. Paragraph 2-3 of this regulation states that unless discharged, officers holding a Reserve appointment will retain their current permanent grade in the RC.
8. 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.
9. Army Regulation 135-155, then in effect, 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). The Reserve Officer Personnel Management Act (ROPMA) superceded paragraph 4-19 in 1996.
10. 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.
11. 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.
12. 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 19 July 2000.
2. However, the provisions of law also state that an officer will be considered for promotion well enough 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:
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 19 July 2000 with a date of rank of 30 September 1999.
BOARD VOTE:
_AAO___ __RWA__ _KYF __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_ Arthur A. Omartian__
CHAIRPERSON
CASE ID | AR2001064937 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020404 |
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. |
ARMY | BCMR | CY2002 | 2002079684C070215
The applicant requests correction to his date of rank for major from 3 January 2000 to 19 May 1999. He was promoted to major with a date of rank and promotion effective date of 3 January 2000. Since he was in an AGR position authorized the higher grade as of 19 April 1999, it was recommended that his promotion order be corrected to reflect a date of rank of 19 May 1999 and an effective date of 3 January 2000.
ARMY | BCMR | CY2001 | 2001063121C070421
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. Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date to major was 1 October 1999. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the...
ARMY | BCMR | CY2003 | 2003087549C070212
He was promoted to major with a promotion effective date and date of rank of 3 January 2000. The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain effective 1 June 1992 and promotion to major required 7 years time in grade; therefore, the applicant’s promotion eligibility date was 31 May 1999. Notwithstanding the delay, the effective date of promotion shall remain as 3 January 2000, the date the...
ARMY | BCMR | CY2006 | 20060012131C070205
The applicant requests, in effect, an adjustment of his date of rank for major from 6 May 2001 to 6 May 2000 and promotion consideration to lieutenant colonel by a special selection board (SSB). Army Regulation 135-155, paragraph 418, the Chief, Office of Promotions, Reserve Components, HRC, St. Louis, is authorized to adjust the promotion effective date and date of rank for an officer whose promotion has been delayed. Paragraph (b) states, in effect, that a Reserve components officer who...
ARMY | BCMR | CY2003 | 2003087575C070212
Upon leaving active duty for the Active/Guard Reserve (AGR) program his records should have been considered for the 1999 promotion board and not the 2000 promotion board. He was promoted to major effective 19 July 2000. It was recommended that the earliest date the applicant could receive was 1 August 1999, the date he went into the higher graded position as his date of rank and an effective date of 19 July 2000.
ARMY | BCMR | CY2006 | 20060008767C070205
The applicant requests, in effect, adjustment to his dates of rank for first lieutenant, captain, major, and lieutenant colonel. He was promoted to lieutenant colonel with a promotion effective date and date of rank of 30 December 2005, based on the board approval date. The applicant was selected for promotion to lieutenant colonel by the 2005 selection board with a PED of 18 May 2006, and promoted with a date of rank of 30 December 2005, the approval date of the board, in accordance with...
ARMY | BCMR | CY2002 | 2002068665C070402
The applicant requests adjustment to his date of rank for major from 3 January 2000 to 23 August 1999. He was promoted to major with a date of rank and promotion effective date of 3 January 2000. The applicant was given the date of rank of 3 January 2000, the date the President approved the promotion board.
ARMY | BCMR | CY2003 | 2003083948C070212
The applicant was promoted to major with a date of rank and promotion effective date of 3 January 2000. ROPMA was implemented on 1 October 1996, and it established that the MTIG for a captain is 7 years, and that an officer selected for promotion to major the first time he/she is considered will be promoted on or before the date that he/she completes the MTIG. The respective promotion board and the processing of the promotion board results were administratively delayed through no fault of...
ARMY | BCMR | CY2001 | 2001052633C070420
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. 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...
ARMY | BCMR | CY2002 | 2002081999C070215
The applicant requests correction to his date of rank for major from 4 January 2000 to 5 May 1999. He was promoted to major with a date of rank and promotion effective date of 3 January 2000. The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant’s date of rank for captain was 20 May 1992 and by the 7 years time in grade requirement his promotion eligibility date (PED) was 19 May 1999.