| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Lawrence Foster | Member |
2. The applicant requests correction to his date of rank for major from 4 January 2000 to 5 May 1999.
3. The applicant states that to comply with Title 10, United States Code or the Reserve Officer Personnel Management Act (ROPMA), his 7 years time in grade as a captain was reached on 4 May 1999. He also states that the 1999 promotion selection board results were delayed until January 2000. In support of his application he submits copies of his promotion orders for captain and major.
4. The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 4 May 1985.
5. He attained the grade of captain effective 20 May 1992.
6. He was assigned to a major’s position effective 12 April 1999.
7. Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 19 May 1999.
8. 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.
9. He was promoted to major with a date of rank and promotion effective date of 3 January 2000.
10. 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.
11. 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. Based on normal processing, they should have been convened earlier and approved approximately 100 days after the respective recess dates.
12. 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.”
13. 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 unit 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.
14. 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. He was selected for promotion by the 1999 RCSB and promoted with a date of rank of 3 January 2000, the date the President approved the board. The applicant was in a higher-grade position on his PED; therefore, it was recommended that his date of rank be correction to 19 May 1999 and his effective date remain as 3 January 2000. In view of the facts, it was recommended that his request be approved.
15. The opinion was forwarded to the applicant for rebuttal on 3 March 2003 2003. He did not respond.
CONCLUSIONS:
1. The applicant is entitled to adjustment to his date or rank for major to 19 May 1999, his MTIG date based on the processing delays of the 1999 promotion board.
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:
1. 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.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
_LF_____ _WTM___ __LE___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_
Walter T. Morrison_____
CHAIRPERSON
| CASE ID | AR2002081999 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030626 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.01 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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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...
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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. The applicant is entitled to an adjustment to his date or rank for major to 21 May 1999 based on his assignment to a major’s position and the processing delays of the 1999 RCSB. Notwithstanding the delay, the effective date of...
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