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Decision Text

ARMY | BCMR | CY2003 | 2003091553C070212
Original file (2003091553C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2004
         DOCKET NUMBER: AR2003091553


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Stephanie Thompkins Analyst


The following members, a quorum, were present:

Mr. Roger W. Able Chairperson
Mr. Robert J. Osborn Member
Ms. Linda D. Simmons Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests adjustment to his date of rank for first lieutenant from 22 July 1996 to 22 July 1995.

2. The applicant states that the required time in grade as a second lieutenant is 24 months as a Reserve officer. His promotion request was sent in to obtain a 36-month promotion. His position and service should have allowed him to receive promotion on time, if not for misinformation from his unit administrator of the time in service for a second lieutenant.

3. The applicant provides copies of his appointment memorandum and Oath of Office, his Service School Academic Evaluation Report, a Letter of Commendation, his promotion memorandum for first lieutenant, and his Officer Evaluation Report for the period ending 7 August 1995.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records show he was appointed in the Reserve, Signal Corps, as a second lieutenant effective 23 July 1993. Based on the required 3 years time in grade, his maximum time in grade for promotion to first lieutenant was 22 July 1996.

2. The applicant was promoted to first lieutenant effective 22 July 1996.

3. Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that Reserve officers appointed prior to 1 October 1996 in the grade of second lieutenant will be considered for promotion after serving 3 years (36 months) time in grade without review by a selection board. This will be determined far enough in advance to permit promotion on the date promotion service is completed. The regulation also shows that 2 years of time in grade is required on or after 1 October 1996.

4. The Reserve Officers Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers. The law was implemented on 1 October 1996. ROPMA provides that Reserve officers appointed on or after 1 October 1996 in the grade of second lieutenant will be considered for promotion to first lieutenant after serving 2 years time in grade without review by a selection board.

DISCUSSION AND CONCLUSIONS :

1. The applicant is not entitled to correction to his date of rank for first lieutenant.

2. The applicant’s contention that his promotion to first lieutenant was not on time and he received misinformation of the time in service for a second lieutenant have been noted. However, the applicant was appointed as a second lieutenant effective 23 July 1993 prior to the implementation of ROPMA, which became effective 1 October 1996. Promotion to first lieutenant prior to ROPMA required completion of 3 years time in grade as a second lieutenant.

3. Under ROPMA an officer appointed as a second lieutenant on or after 1 October 1996 would be eligible for promotion to first lieutenant upon completion of 2 years time in grade. Officers appointed prior to that date were not granddfathered under the guidelines of ROPMA for entitlement to promotion to first lieutenant within 2 years.

4. The applicant’s date of rank for first lieutenant of 22 July 1996 was proper and he has not shown otherwise.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ra____ ___ro___ ___ls___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  __Roger W. Able_____
                  CHAIRPERSON




INDEX

CASE ID AR2003091553
SUFFIX
RECON
DATE BOARDED 20040318
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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