Mr. Carl W. S. Chun | Director | |
Mr. Vic Whitney | Analyst |
Ms. Joann Langston | Chairperson | |
Mr. Charles Gainor | Member | |
Mr. George D. Paxson | Member |
APPLICANT REQUESTS: In effect, removal of his second nonselection for promotion to lieutenant colonel and reinstatement in the Army Reserve (USAR).
APPLICANT STATES: In effect, that he believes he was not selected for promotion to lieutenant colonel in 1999 and 2000. He was never notified of the upcoming boards so he could update his records. He forwarded paperwork for his resignation in 2000 to avoid a second promotion nonselection but it may not have been acted on before he was discharged. He has been denied reappointment in the USAR.
EVIDENCE OF RECORD: The applicant's military records show:
At the time of the applicant’s discharge he was serving in the rank of major in the Individual Ready Reserve with a date of rank of 14 April 1992. He was considered but not selected for promotion to lieutenant colonel by the 1998 Reserve Component Army Medical Department promotion board. The board adjourned on 1 July 1998. The applicant’s records contain a copy of the letter of notification, dated 14 December 1998, which was addressed to the same address as on his application to this Board.
The applicant was again considered for promotion to lieutenant colonel by the 1999 Reserve Component Army Medical Department promotion board. The board adjourned on 1 July 1999. He was again not selected. A copy of the second letter of notification is not in the available record. Effective 20 April 2000, the applicant was discharged from the USAR and all Reserve of the Army appointments were terminated. There is no evidence in the available record that the applicant requested resignation prior to the convening dates of either promotion board.
Army Regulation 135-175 provides the policy governing the separation of Reserve Component officers. It provides, in pertinent part, that a major who is twice nonselected for promotion to lieutenant colonel will be discharged.
The Reserve Officer Personnel Management Act (ROPMA), a public law under Title 10, U. S. Code, enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers. The ROPMA law became effective 1 October 1996. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion, the promotion may be effective on or before the date on which the officer will complete the MTIG. Boards are generally convened with a zone of consideration 1 year prior to the officer reaching his MTIG. The MTIG for promotion to lieutenant colonel is 7 years as a major.
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. The applicant was properly considered and twice not selected for promotion to lieutenant colonel. His removal was required in accordance with law and regulation and he is not entitled to reinstatement as a commissioned officer.
2. As a career Army Reserve officer in the grade of major he knew, or should have known, when he would have been considered for promotion. His belief that he would not be considered for promotion until 1999 and 2000 is not sufficient justification to void his second nonselection.
3. 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.
4. 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
__jl__ __cg___ ___gp___ DENY APPLICATION
CASE ID | AR2001065644 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020425 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.10 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2001 | 2001061067C070421
The applicant states, in effect, that the Reserve Officer Personnel Management Act (ROPMA), Title 10, U. S. Code (USC), section 14304, requires that an officer recommended for promotion by a selection board the first time the officer is considered, while in or above the promotion zone, and who is placed on an approved promotion list, be promoted not later than their maximum time-in-grade (MTIG) for their present grade. The Office of Promotions, Reserve Components, U. S. Total Army Personnel...
ARMY | BCMR | CY2001 | 2001066258C070421
The opinion also stated that since the applicant met the time in grade (TIG) requirement on 25 June 1999, it is recommended that he be issued a corrected promotion order with a DOR of 25 June 1999, and an effective date of 3 January 2000. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers who are on the Reserve Active Status List (RASL) shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a), a Reserve...
ARMY | BCMR | CY2001 | 2001061589C070421
The applicant requests, in effect, that her date of rank (DOR) for promotion to captain (CPT) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 12 June 1998 to 22 May 1997, date of her maximum time-in- grade (MTIG) as a first lieutenant (1LT). The applicant, whose MTIG for promotion was 22 May 1997, was considered for promotion to CPT by the 1996 Reserve Components Promotion Board. The applicant, who was assigned in a TPU, was promoted to CPT by an U. S. Army...
ARMY | BCMR | CY2002 | 2002067195C070402
The applicant requests, in effect, that his date of rank (DOR) for promotion to major (MAJ) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 19 July 2000 to 28 June 2000. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers who are on the Reserve Active Status List (RASL) shall be considered for promotion to the next higher grade by a promotion board convened under section 14101(a), a Reserve Component Selection Board (RCSB) far enough...
ARMY | BCMR | CY2002 | 2002083961C070215
It states that the applicant was considered and recommended for promotion by the 1999 Department of the Army Selection Board considering captains for promotion to major. ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve in order to be promoted, and that promotions cannot be effective prior to approval of respective boards by the President. Notwithstanding the delay, the effective date of promotion...
ARMY | BCMR | CY2004 | 2004099924C070208
On 15 October 1998, the applicant was notified that he would be released from active duty on 1 April 1999 and transferred to the USAR as a two time nonselection for promotion to major. The evidence of record shows the applicant was considered for promotion by the first available DA Reserve Components Selection Board and was selected for promotion to MAJ/04 on 19 July 2000. The evidence of record shows the applicant was serving on active duty when he met his 7 years time in grade under...
ARMY | BCMR | CY2003 | 2003087977C070212
The applicant states that he was promoted to major effective 3 January 2000, but his promotion eligibility date (PED) was 31 July 1998. He was promoted to major with a promotion effective date and date of rank 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.
ARMY | BCMR | CY2001 | 2001060223C070421
The applicant requests, in effect, that her date of rank (DOR) for promotion to major (MAJ) under the Reserve Officer Personnel Management Act (ROPMA) be corrected from 31 August 1998 to 20 May 1998. Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion,...
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 | CY2002 | 2002082976C070215
He was promoted to LTC with a promotion effective date and date of rank of 12 April 2000. The applicant The applicant was given the date of rank of 12 April 2000, the date the President approved the promotion board.