| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Patrick H. McGann | Member |
THE BOARD ADDITIONALLY FINDS:
10. The Board's previous recommendation in this case (AR2001060210) dated 9 August 2001 was for an adjusted date of rank under the Reserve Officer Personnel Management Act (ROPMA) for captain from 25 June 1998 to 14 April 1997, with entitlement to back pay and allowances in the higher grade on that date now requires further review.
11. The applicant submitted a second application dated 23 October 2002 and USARC Form 56-R (Promotion Qualification Statement) showing that he was assigned to a captain position effective 7 March 1997, with the 88th Division and requested that his date of rank be adjusted accordingly. It was verified and signed by his commander on 31 October 2002.
12. Under the circumstances the applicant was entitled to promotion to captain on 7 March 1997, provided he was assigned to a captain position on or prior to that date.
13. The ROPMA, a public law enacted by Congress on 5 October 1994 and implemented on 1 October 1996, prescribes the policies and procedures to consolidate and modernize the laws that govern the management of Reserve Component commissioned officers. Under ROPMA, officers in the rank of first lieutenant who were first-time considered and selected for promotion to captain, after having served more than 7 combines years as a lieutenant may be promoted on or before their maximum time in grade (MTIG) date, providing they are in an authorized troop program unit captain position.
THE BOARD ADDITIONALLY CONCLUDES:
6. At the time of the Board’s 9 August 2001 decision in this case as pertains to the applicant (AR2001060210), it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time of his promotion to captain.
7. Under ROPMA criteria, based on his first-time consideration/selection he should have been promoted to captain on or before his MTIG date of 30 May 1997, since he was assigned to a captain position before that date.
8. In view of the additional factors in this case the applicant is entitled to correction of his records to show he was promoted on the date that final board action should have occurred for the 1996 Reserve Components Selection Board to captain with a promotion effective date and date of rank of 7 March 1997, with entitlement to back pay and allowances.
9. In view of the foregoing findings and conclusions, it would be appropriate to further correct the applicant’s records as recommended below.
THE BOARD RECOMMENDS:
That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 9 August 2001 ABCMR List Case (ROPMA Project) – Phase I (Green) by showing that the individual concerned was promoted to captain with a promotion effective date and date of rank of 7 March 1997, with entitlement to back pay and allowances.
BOARD VOTE:
_KAN___ _RVO___ __PHM__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_Raymond V. O'Connor, Jr._
CHAIRPERSON
| CASE ID | AR2003083736 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| 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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