| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Roger W. Able | Member |
2. The applicant requests correction to his date of rank for major from 3 January 2000 to 19 May 1999.
3. The applicant states that Army Regulation 135-155 indicates that his maximum time in grade (MTIG) requirement for Reserve officers is 7 years for promotion from captain to major. He also states although the promotion board that convened on 2 March 1999 saw his promotion packet and the President approved the selection list on 3 January 2000, he believes that his date of rank should be adjusted. In support of his application he submits copies of his promotion memorandums for captain and major and his assignment orders (major’s position).
4. The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 22 June 1985.
5. He attained the grade of captain effective 20 May 1992. Based on the required 7 years time in grade for promotion to major, his MTIG date was 19 May 1999.
6. He entered in the Active Guard/Reserve (AGR) program and was assigned to a major's position effective 19 April 1999.
7. He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB), which convened from 2 March to 2 April 1999. The President approved the results of the board on 3 January 2000.
8. He was promoted to major with a date of rank and promotion effective date of 3 January 2000.
9. The ROPMA, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of 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 completes 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. Promotion cannot be effective prior to approval of respective boards by the President.
10. The ROPMA promotion boards for major were administratively delayed. In some cases the Presidential approvals of the results of the pertinent promotion boards were also administratively delayed.
11. Title 10, United States 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. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that time in grade for a commissioned officer is 7 years in the grade of captain for promotion to major. The regulation also specifies that Reserve AGR officers will be promoted provided they are assigned to a position in the higher grade and the date of rank will be the date the officer attained the MTIG or the date on which assigned to a position in the higher grade.
13. The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was selected for promotion to major by the 1999 RCSB with a promotion eligibility date of 19 May 1999. He was subsequently promoted with a date of rank 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.
14. The opinion was forwarded to the applicant for acknowledgement/rebuttal on 2 January 2003. He concurred on 6 January 2003.
CONCLUSIONS:
1. The applicant is entitled to adjustment to his date or rank for major to 19 May 1999, his MTIG date and in accordance with ROPMA.
2. The respective promotion board and the processing of the promotion board results were administratively delayed through no fault of the applicant, and he should not be penalized for the delay.
3. Notwithstanding the delay, the effective date of promotion shall remain as 3 January 2000, the date the President approved the board, and the applicant is not further entitled to additional pay and allowances for the date of rank adjustment.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major effective 3 January 2000, with a date of rank of 19 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.
BOARD VOTE:
__RWA__ _TAP___ _AAO___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Arthur A. Omartian
______________________
CHAIRPERSON
| CASE ID | AR2002079684 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030515 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.05 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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