SUPPLEMENTAL RECORD OF PROCEEDINGS



      IN THE CASE OF:


      BOARD DATE:  29 June 2004
      DOCKET NUMBER:  AR2004100492


      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.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated 28 January 2003 were affirmed.  The following additional
findings, conclusions, and recommendations were adopted by the Board.

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

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 28 January 2003.

|     |Mr. Samuel Crumpler               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Linda Barker                  |     |Member               |


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

      The Board considered the following additional evidence:

      Exhibit C – Prior Proceedings
      Exhibit D - :  Memorandums from applicant dated 20 October 2003 and
Chief, Active Guard Reserve Management Division and copies of Tables of
Distribution and Allowances, US Army Recruiting Command, Headquarters and
copies of the applicant's assignment orders.
CONSIDERATION OF ADDITIONAL EVIDENCE:

19.  The Board’s previous recommendation in this case (AR2002072409) on
28 January 2003 was for adjustment to the applicant's date of rank for
major to 27 March 2000, the date he was assigned to a major's position.
The recommendation was approved on 13 February 2003.

20.  On 20 October 2003, new information was received from the applicant
for further adjustment to his date of rank for major to 31 October 1999.
The applicant states that he researched the date he was originally assigned
to a major's position in the Active Guard Reserve program and discovered
new evidence to support his request for an adjusted date of rank for major.
 The applicant also states that he understands he is not entitled to
additional pay and allowances for the date of rank adjustment.  His concern
is for award of a date of rank for major as afforded by law and that he is
considered for promotion to lieutenant colonel at the appropriate time.
The evidence submitted consists of a memorandum from the Chief, Active
Guard Reserve Management Division, copies of Tables of Distribution and
Allowances, Headquarters, US Army Recruiting Command, and the applicant's
assignment orders.

21.  The evidence submitted shows the applicant was assigned to an Active
Guard Reserve major's position effective 17 August 1999, in advance of his
maximum time in grade (MTIG) date for promotion to major.

22.  Under this circumstance the applicant was entitled to promotion to
major with a date of rank of his MTIG date of 31 October 1999, provided he
was assigned to a major's position on or prior to that date.

23.  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.  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.

24.  ROPMA further specifies that Active Guard Reserve officers must be
serving in a position requiring the higher grade.  Promotion cannot be
effective prior to approval of respective boards by the President.

THE BOARD ADDITIONALLY CONCLUDES:

7.  At the time of the Board’s previous decision in this case as pertains
to the applicant (AR2002072409), 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 major.

8.  Under ROPMA criteria, based on his first-time consideration/selection
he should have been promoted to captain on or before his MTIG date of
31 October 1999, since he was assigned to a major's position before that
date.

9.  In view of the additional factors in this case the applicant is
entitled to correction of his record to show he was promoted to major
effective 19 July 2000, with a date of rank of 31 October 1999, with no
further entitlement to additional pay or allowances based on this
adjustment.

BOARD VOTE:

__sc___  __le____  ___lb___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 28 January 2003 AR2002072409 by showing that the
individual concerned was promoted to major effective 19 July 2000, with a
date of rank of 31 October 1999, with no further entitlement to additional
pay or allowances based on this adjustment.




            ___Samuel Crumpler_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100492                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040629                                |
|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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