| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Lester Echols | Member | ||
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: Correction to his date of rank for lieutenant colonel from 7 June to 28 February 2002.
APPLICANT STATES: That he met all requirements for promotion on the date the board’s list was released, which was 28 February 2002. When he called about his promotion orders, he was advised that they were being withheld because he was due for a physical in April. The earliest date he could get a physical scheduled was 10 May 2002 and the Army took 4 weeks to process it. He also states that when he received his promotion orders he was given a date of rank of 7 June 2002 and he should not be penalized 3 months when at the time the promotion board results were released he met all requirements for promotion and did so for a full 30 days thereafter. In support of his request he submits a memorandum of support from his current commander.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Reserve as a second lieutenant effective 21 May 1983.
He attained the rank of major effective 25 May 1995. Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to lieutenant colonel was 24 May 2002.
He was considered and selected for promotion to lieutenant colonel by the 2001 Reserve Components Selection Board (RCSB), which convened on 5 September and recessed on 2 October 2001. The President approved the board results effective 1 February 2002.
He was issued a promotion memorandum with a promotion effective date and date of rank for lieutenant colonel of 7 June 2002.
The applicant’s current commander submits a memorandum of support in which he states that due to administrative error the applicant did not receive his promotion for almost 5 months after his selection. When the list was released the applicant’s unit received notification that his physical had expired and the applicant could not get an appointment for a new physical for another month. The processing time ending up taking from 28 February to 7 June 2002, for his promotion orders to be released.
The Military Personnel Actions Branch, AR-PERSCOM, expressed the opinion that effective 1 October 1996, the Reserve Officer Personnel Management Act (ROPMA) became effective and under ROPMA a promotion order does not exists until the board’s recommendation are approved by the President in
accordance with Title 10, United States Code, section 14308. Further, the effective date of promotion and the date of rank will be the date the officer is assigned to a higher graded position providing he/she meets all other qualifications for promotion. The act further specifies that the effective date of promotion may not predate the approval, by the President, of the board results. The applicant was selected on 2002 01D board with an approval date of 1 February 2002. The applicant claims that his Unit Manning Report (UMR) shows he was in a lieutenant colonel position since 5 February 2002; however, the UMR furnished shows he was actually assigned to a lieutenant colonel position 7 June 2002. It was determined that he met all qualifications for promotion effective 7 June 2002, when he was assigned to a valid position.
The advisory opinion was forwarded to the applicant for his acknowledgement/
rebuttal on 3 March 2003. In his rebuttal, dated 12 May 2003, he states that he was occupying a valid lieutenant colonel slot on 28 February 2002 as he stated earlier and to which his battalion commander verified. It was due to administrative error beyond his control that he was not properly slotted on the UMR and consequently he should not he punished.
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 major 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 officers must be serving in the Ready Reserve by the board convening date and serving in a position requiring the higher grade. Promotion cannot be effective prior to approval of respective boards by the President.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that an officer selected by a mandatory promotion board that has a MTIG date before the approval date of the board, will have a promotion date and effective date no earlier than the date of approval of the mandatory board by which recommended. In no case, will the date of rank or effective date of promotion be earlier than the date the board is approved.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The applicant is not entitled to adjustment of his date of rank for lieutenant colonel. He has not shown error or injustice for the relief he is requesting.
2. The Board notes the applicant’s contentions; however, the applicant was not eligible for promotion to lieutenant colonel effective 28 February 2002, as he had not been assigned to a higher graded position on that date. A review of his records verified that he was assigned to a lieutenant colonel position effective 7 June 2002. His date of rank and promotion effective date are proper and he has not shown otherwise.
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
_LF_____ _WTM___ __LE____ DENY APPLICATION
| CASE ID | AR2002082012 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030626 |
| 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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