| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn G. Wade | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Antonio Uribe | Member |
2. The applicant requests that his date-of-rank (DOR) for promotion to lieutenant colonel (LTC) be changed from 12 April 2002 (sic) to 28 February 2002 (sic).
3. The applicant states that he reached 6 years' (sic) time-in-grade (TIG) on 28 February 2002 (sic) and this date should be the effective date of the promotion memorandum, not 12 April 2002 (sic) which was the date the promotion board released the Board results. In support of his request, the applicant submits a copy of the promotion order to major (MAJ) and lieutenant colonel (LTC), an order to active duty, and an electronic mail referencing promotion board information.
4. The applicant’s military records show that he is a LTC, United States Army Reserve (USAR), currently serving on active duty. For TIG purposes, his DOR to MAJ was established as 24 February 1993.
5. In accordance with Table 2-1, Army Regulation (AR) 135-155, the maximum years-in-grade (MYIG) for promotion from MAJ to LTC is 7 years, making the applicant's MYIG date to LTC 23 February 2000. Also in accordance with AR 135-155, the effective date of promotion may not precede the date of the promotion memorandum. An officer is promoted after selection if all qualifications for promotion are met. The effective date and date of promotion of non-unit USAR officers will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer meets MYIG, whichever is later [emphasis added].
6. On 23 February 2000, the applicant reached his MYIG. In accordance with his promotion memorandum, on 12 April 2000, he was promoted to the rank of LTC.
7. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, US Total Army Personnel Command (PERSCOM). The opinion stated that the applicant was selected for promotion to LTC by the 1999 DA Reserve Components Selection Board with a promotion eligibility date of 23 February 2000, and was subsequently promoted by promotion memorandum, dated 9 May 2000, with a DOR of 12 April 2000, the date the promotion board was approved by the President. The Office of Promotions, Reserve Components, stated that the applicant has no basis to have his DOR changed to 23 February 2000 and recommended that his request for an earlier DOR be disapproved. It was noted that, under AR 135-155, paragraph 4-21, the approval date of the board (12 April 2000) is later than the applicant’s MYIG date (23 February 2000), thus 12 April 2000 is the applicant's correct DOR. The applicant was provided a copy of the advisory opinion for possible rebuttal; however, to date, he has not provided one.
8. The Reserve Officer Personnel Management Act (ROPMA), 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 LTC 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 an AGR 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.
9. The ROPMA promotion boards for LTC 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.
10. Title 10, United States Code, section 14304 specifies that officer shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete the required years of service.
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.”
CONCLUSIONS:
1. The applicant is entitled to adjustment of his date of rank for LTC to 23 February 2000, based on the processing delays of the 1999 promotion board.
2. The processing of the promotion board results was 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 12 April 2000, the date the President approved the board, and the applicant is not further entitled to additional pay and allowances for the antedated date of rank.
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 lieutenant colonel effective 12 April 2000, with a date of rank of 23 February 2000, with no further entitlement to additional pay or allowances based on this adjustment.
BOARD VOTE:
___fne__ __gjw___ __au____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn
______________________
CHAIRPERSON
| CASE ID | AR2003084771 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031104 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001059600C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant was considered for promotion to LTC by the 1999 LTC Army Reserve Mandatory Promotion Board which convened on 8 September 1999. The Office of Promotions, Reserve Component, U. S. Total Army Personnel Command, St. Louis, provided an advisory opinion that the applicant’s DOR and effective date for CPT, MAJ, and LTC are correct in accordance with the applicable...
ARMY | BCMR | CY2002 | 2002081735C070215
The applicant states that he was promoted to captain effective 1 March 2002; however; his eligibility date for promotion to captain was 24 March 2001, which should have been adjusted one year according to ROPMA. The Reserve Officer Personnel Act in effect prior to ROPMA required completion of 3 years as a 2LT and 4 years as a 1LT before promotion to captain. The Board notes the advisory opinion provided by PERSCOM that stated promotion to 1LT required 3 years TIG, with a PED of 25 March...
ARMY | BCMR | CY2002 | 2002072410C070403
In effect, PERSCOM promotion officials opined that because the ROPMA prohibits the promotion of an officer prior to the approval of the list, and since the applicant’s promotion list was not approved by the President until 19 July 2000, which was the date established as his DOR, his request should be denied. Paragraph (b) states, in effect, that a RC officer who is recommended for promotion to the next higher grade by a selection board the first time they are considered for promotion and...
ARMY | BCMR | CY2012 | 20120007083
The applicant requests: * the "1994" (i.e., 1996) nonselection letter be removed from his Army Military Human Resource Record (AMHRR) * his date of rank (DOR) to captain (CPT) be restored to 1996 * his DOR to major (MAJ) be adjusted * he be promoted to lieutenant colonel (LTC) * any non-mandatory education requirements such as the Command and General Staff Officers Course (CGSOC) be waived for promotion to LTC, if necessary 2. His records contain a memorandum, dated 1 March 1996, issued by...
ARMY | BCMR | CY2002 | 2002075357C070403
This memorandum authorized the applicant’s promotion to MAJ and established her DOR as 27 January 2000. As a result, her record was referred to a STAB and she was considered and selected for promotion to MAJ under the criteria established for the 1998 promotion board. However, during the processing of this case, these same promotion officials determined that the 31 August 1998 date was in error, and that the applicant’s promotion date to MAJ should have actually been established as 30...
ARMY | BCMR | CY2009 | 20090010328
IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090010328 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's record shows after serving in an enlisted status from 27 November 1984 through 22 June 1990, he was appointed as a Reserve commissioned officer in the grade of 2LT and entered the Army National Guard (ARNG) on 23 June 1990. The applicant was considered and selected for promotion to MAJ by the 2006 RCSB and his promotion and Federal recognition dates were...
ARMY | BCMR | CY2002 | 2002072145C070403
In effect, PERSCOM promotion officials opined that because the ROPMA prohibits the promotion of an officer prior to the approval of the list, and since the applicant’s promotion list was not approved by the President until 3 January 2000, which was the date established as his DOR, his request should be denied. Paragraph (b) states, in effect, that a RC officer who is recommended for promotion to the next higher grade by a selection board the first time they are considered for promotion and...
ARMY | BCMR | CY2006 | 20060012131C070205
The applicant requests, in effect, an adjustment of his date of rank for major from 6 May 2001 to 6 May 2000 and promotion consideration to lieutenant colonel by a special selection board (SSB). Army Regulation 135-155, paragraph 418, the Chief, Office of Promotions, Reserve Components, HRC, St. Louis, is authorized to adjust the promotion effective date and date of rank for an officer whose promotion has been delayed. Paragraph (b) states, in effect, that a Reserve components officer who...
ARMY | BCMR | CY2006 | 20060009845
He was promoted to MAJ on 14 July 2001. It states, in pertinent part, that unit officers selected by a mandatory board will have a promotion date and effective date no earlier that the date the board is approved or the date of Senate confirmation (if required), provided they are assigned to a position in the higher grade. He was promoted to CPT on 25 May 1994 and his promotion eligibility date for promotion to MAJ was 24 May 2001.
ARMY | BCMR | CY2006 | 20060006357C070205
Roland Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a copy of a promotion memorandum from the U.S. Army Total Personnel Command (AR-PERSCOM)-St. Louis, dated 12 May 1993, which shows that he was promoted to captain 26 May 1993. The opinion stated that the applicant was first time considered for captain and selected on the 1993 Captain DA Reserve Components Selection Board which convened...