| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. William D. Powers | Member | |
| Mr.. Frank C. Jones, II | Member |
2. The applicant requests correction to his date of rank for major from 3 January 2000 to 21 May 1999.
3. The applicant states that his promotion orders were never backdated to 21 May 1999, the date he completed the seven year maximum time in grade (MTIG) requirement for promotion to major. He claims that the release date of the 1999 major promotion board was delayed until 3 January 2000. In support of his request, he submits copies of his promotion orders for captain and major and his officer evaluation report for the period 21 May 1999 to 20 May 2000, which shows he served in a major’s position.
4. The applicant’s military records show that he was appointed in the Reserve as a second lieutenant on 18 May 1985. He was promoted to captain on 17 May 1992, and based on the seven year MTIG provisions for promotion to major, his promotion eligibility date (PED) for that rank was established as 16 May 1999.
5. On 21 May 1999, the applicant was assigned to a major’s position in Troop Program Unit (TPU) in Warwick, Rhode Island. He was considered and selected for promotion to major by the 1999 Reserve Components Selection Board (RCSB), which convened on 2 March and adjourned on 2 April 1999.
6. The President approved the results of the 1999 RCSB board on 3 January 2000. As a result, the applicant was promoted to major with a date of rank and promotion effective date of 3 January 2000.
7. The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribed policies and procedures to consolidate and modernize the laws governing the management of Reserve component officers. It was implemented on 1 October 1996, and it established that the MTIG for a captain is seven years, and that an officer selected for promotion to major the first time he/she is considered will be promoted on or before the date that he/she completes the MTIG.
8. 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.
9. 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, the boards should have been approved approximately 100 days after their respective recess dates.
10. 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.”
11. 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.
CONCLUSIONS:
1. 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.
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:
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 21 May 1999, with no further entitlement to additional pay or allowances based on this adjustment.
BOARD VOTE:
_TSK____ _WDP___ _FCJ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_Ted S. Kanamine____
CHAIRPERSON
| CASE ID | AR2003086365 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030812 |
| 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. |
ARMY | BCMR | CY2002 | 2002083961C070215
It states that the applicant was considered and recommended for promotion by the 1999 Department of the Army Selection Board considering captains for promotion to major. 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. Notwithstanding the delay, the effective date of promotion...
ARMY | BCMR | CY2003 | 2003087977C070212
The applicant states that he was promoted to major effective 3 January 2000, but his promotion eligibility date (PED) was 31 July 1998. He was promoted to major with a promotion effective date and date of rank of 3 January 2000. ROPMA was implemented on 1 October 1996, and it established that the MTIG for a captain is 7 years, and that an officer selected for promotion to major the first time he/she is considered will be promoted on or before the date that he/she completes the MTIG.
ARMY | BCMR | CY2001 | 2001062371C070421
The ROPMA provides that in order to be eligible for promotion to major the MTIG is 7 years as a captain, 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 completed the maximum service. Promotion to major required 7 years time in grade; therefore, based on his date of rank of 1 July 1991 to captain, his promotion eligibility date was 30 June 1998. In view of the foregoing, the applicant’s records should...
ARMY | BCMR | CY2002 | 2002079684C070215
The applicant requests correction to his date of rank for major from 3 January 2000 to 19 May 1999. He was promoted to major with a date of rank and promotion effective date of 3 January 2000. Since he was in an AGR position authorized the higher grade as of 19 April 1999, it was recommended that his promotion order be corrected to reflect a date of rank of 19 May 1999 and an effective date of 3 January 2000.
ARMY | BCMR | CY2001 | 2001061139C070421
The applicant was in a higher-grade position on his promotion eligibility date, and it was recommended that his date of rank be changed to 19 May 1999. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major with a date of rank of 19 May 1999, with no further entitlement to correction of his effective date and to additional pay and allowances based on this adjustment. BOARD VOTE :
ARMY | BCMR | CY2002 | 2002067753C070402
He was promoted to major with a date of rank and promotion effective date of 3 January 2000. 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. 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...
ARMY | BCMR | CY2002 | 2002081999C070215
The applicant requests correction to his date of rank for major from 4 January 2000 to 5 May 1999. He was promoted to major with a date of rank and promotion effective date of 3 January 2000. 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.
ARMY | BCMR | CY2003 | 2003087533C070212
The applicant requests correction to his promotion effective date and date of rank for major. He was promoted to major with a promotion effective date and date of rank of 3 January 2000. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the officer was promoted to captain on 20 May 1992 and promotion to major required 7 years time in grade; therefore, his promotion eligibility date was 19 May 1999.
ARMY | BCMR | CY2003 | 2003087549C070212
He was promoted to major with a promotion effective date and date of rank of 3 January 2000. The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was promoted to captain effective 1 June 1992 and promotion to major required 7 years time in grade; therefore, the applicant’s promotion eligibility date was 31 May 1999. Notwithstanding the delay, the effective date of promotion shall remain as 3 January 2000, the date the...
ARMY | BCMR | CY2002 | 2002068665C070402
The applicant requests adjustment to his date of rank for major from 3 January 2000 to 23 August 1999. He was promoted to major with a date of rank and promotion effective date of 3 January 2000. The applicant was given the date of rank of 3 January 2000, the date the President approved the promotion board.