| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: Adjustment to his date of rank for first lieutenant to 29 May 1998.
APPLICANT STATES: That he was not promoted to first lieutenant in a timely manner due to administrative error. He also states that he met all promotion criteria outlined in Army Regulation 135-155, chapter 2 and in ARPC Form
155-R. He submits copies his appointment orders dated 31 May 1996, promotion memorandum dated 21 December 1998, his certificate of clearance and/or security determination, service school evaluation report, two officer evaluation reports and a memorandum of support from his commander dated 27 June 2001 in support of his request. His commander stated that the applicant was not timely promoted based on administrative error.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Pennsylvania Army National Guard as a second lieutenant effective 29 May 1996.
He was promoted to first lieutenant effective 21 December 1998.
Documentation submitted with the application dated 27 June 2001 shows that his commander requested approval from the Office of Reserve Promotions, Total Army Personnel Command for adjustment of the applicant’s date of rank for first lieutenant to 29 November 1997.
Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that Reserve officers appointed prior to 1 October 1996 in the grade of second lieutenant will be considered for promotion after serving 3 years time in grade without review by a selection board. This will be determined far enough in advance to permit promotion on the date promotion service is completed. The regulation also shows that 2 years of time in grade is required on 1 October 1996.
The Reserve Officers Personnel Management Act (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 Reserve officers appointed on or after 1 October 1996 in the grade of second lieutenant will be considered for promotion to first lieutenant after serving 2 years time in grade without review by a selection board.
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 date of rank for first lieutenant. He has not shown error, injustice, or inequity for the relief he now requests.
2. The applicant’s contention, as well as his commander’s statement, that he was not promoted to first lieutenant in a timely manner and promoted 30 months after his commissioning date have been noted by the Board. However, the applicant was appointed as a second lieutenant effective 29 May 1996 prior to the implementation of ROPMA, which became effective 1 October 1996. He was promoted to first lieutenant effective 21 December 1998, 6 months earlier than the required 3 years. The Board also notes that promotion to first lieutenant prior to ROPMA required completion of 3 years time in the lower grade and that a promotion date of 29 November 1997 would be less than 2 years of time in grade completed.
3. The applicant’s date of rank for first lieutenant of 21 December 1998 was proper. He has not shown otherwise.
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.
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
_bje____ _fne_____ _reb____ DENY APPLICATION
| CASE ID | AR2002067081 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020418 |
| 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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