| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thoimpkins | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: Correction to his date of rank for major.
APPLICANT STATES: That in accordance with the Reserve Officer Personnel Management Act (ROPMA), his date of rank should be 7 years from his date of rank for captain. In support of his request he submits copies of his promotion memorandums for captain and major, his officer record brief and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Reserve as a second lieutenant effective 27 August 1987.
He was promoted to first lieutenant effective 26 May 1990 and entered on active duty effective 13 July 1990.
He was promoted to captain effective 1 November 1992. Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for major was 31 October 1999.
He was separated from active duty effective 30 January 2000 and transferred to a Reserve troop program unit and placed on the Reserve Active Status List (RASL).
The Officer Personnel Management Division, Army Reserve Personnel Command verified that he was assigned to the Active Guard/Reserve (AGR) program and assigned to a major position effective 30 January 2000.
He was considered and selected for promotion to major by the 2000 RCSB. This was the first RASL promotion board he was eligible for past his MTIG date. It convened from 7 March to 6 April 2000. The President approved the results of the board on 19 July 2000. He was not eligible for consideration by an earlier promotion board since he was on active duty until 30 January 2000. The 1999 RCSB convened from 2 March to 2 April 1999. He was previously not selected for promotion to major while on active duty in 1998 and 1999.
The Chief, Promotion and Notifications Branch, Office of Reserve Promotions, Total Army Personnel Command (PERSCOM), expressed the opinion that the applicant was promoted to captain on 1 November 1992. Promotion to major requires 7 years time in grade; therefore, his promotion eligibility date to major was 31 October 1999. He was considered and selected for promotion to major by the 2000 RCSB and recommended for promotion. Under ROPMA, an officer cannot be promoted until the President has approved the board. The President
approved the board on 19 July 2000 and the results were released on 10 August 2000. He was issued a promotion memorandum on 10 August 2000, with a date of rank 19 July 2000, since this was the day the President approved the board. Based on this information, it was recommended that the applicant's request be denied.
The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 19 February 2003. He did not respond.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers on the RASL. This regulation specifies that an officer is promoted after selection, if all qualifications are met. 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.
This regulation further specifies that an officer will not be considered for a Reserve promotion unless in an active Reserve status not later than the date a respective RCSB convenes to be considered by that RCSB for a Reserve promotion.
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 major to 31 October 1999, his MTIG date. He has not shown error or injustice for the relief he is requesting.
2. The Board notes his contention that he should have a date of rank of 31 October 1999 based on completion of 7 years in the grade of captain. The Board concludes however, that the applicant was properly considered when he was not selected for promotion to major in 1998 and 1999 while on the ADL.
3. Subsequent to the applicant’s non-selections for promotion to major while on active duty, and his separation from active duty on 30 January 2000, he was properly considered for Reserve promotion by the 2000 RCSB, the first board held after his separation and transfer to the RASL. This board convened from 7 March to 6 April 2000, and was approved by the President on 19 July 2000. He was promoted immediately, on 19 July 2000, with a date of rank of 19 July 2000. His date of rank and promotion effective date are proper and 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.
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
_ELP____ _JPI____ _RVO___ DENY APPLICATION
| CASE ID | AR2002082015 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030612 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.05 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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