RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              OCTOBER 26, 2004
      DOCKET NUMBER:        AR2004103090


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      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 captain (O3).

2.  The applicant states, in effect, that her DOR should be adjusted to a
date that reflects a maximum of 7 combined years service as a lieutenant.
He states that the Reserve Officer Personnel Management Act (ROPMA)
required him to spend extra time-in-grade as a first lieutenant in order to
be eligible for promotion to captain.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve as a second lieutenant effective 26 July 1991.
He was promoted to first lieutenant effective 25 July 1994.

2.  Based on the maximum 5 years of service as a first lieutenant, his
maximum years of service in grade (MYIG) for promotion to captain was 24
July 1999.

3.  The applicant was identified to the 1998 Captain Department of the Army
Reserve Components Selection Board and nonselected due to his highest
civilian education not being seen by the promotion board.  He applied for a
Special Selection Board (SSB) based on missing civilian education and he
was denied by the SSB Review Team in accordance with paragraph 3-10, Army
Regulation 135-155.  The SSB Review Team determined that his record did
contain material error when originally seen, however, the error was not
significant enough in nature that, in conjunction with his permanent
record, would have made a difference in his promotion status.  He was
notified of the SSB Review Team’s decision on 28 September 1999.

4.  The applicant was identified to the 1999 Captain Department of the Army
Reserve Components Selection Board (RCSB), and was promoted to captain.
The President approved the board results on 18 April 2000.

5.  He was issued a promotion memorandum dated 19 May 2000 showing his
promotion effective date and date of rank for captain as 18 April 2000.



6.  A staff member of the Chief, Special Actions Branch, Army Human
Resources Command (HRC) – St. Louis, expressed the opinion, in effect, that
effective 1 October 1996, the Reserve Officer Personnel Management Act
(ROPMA) became effective.  A promotion list does not exist until the
board's recommendations are approved by the President in accordance with
Title 10, United States Code, Chapter 1405, section 14308.  Further, the
effective date of promotion and date of rank will be the date the officer
is assigned to a higher graded position providing he/she meets all other
qualifications for promotion.  The act further specifies that the effective
date of promotion may not predate the approval, by the President, of the
board results.  The applicant was selected for promotion on the 1999 RCSB
with an approval date of 18 April 2000.  Time in grade is not a determining
factor in establishing the date of rank.  The date of rank (18 April 2000)
is the approval date of the 1999 RCSB.  The HRC further opined that the
applicant is not entitled to the date of rank project-Phase II or III as
only first time considered officers recommended for promotion under the
criteria years of 1998F or 1999F are eligible for date of rank adjustments.
 The HRC stated that the applicant’s DOR of 18 April 2000 is the earliest
date that could be given by that office.  In view of the facts and
circumstances, the HRC recommended that his application be denied.

7.  The advisory opinion was forwarded to the applicant for acknowledgment/
rebuttal on 13 April 2004.  As of this date, there has been no response
from the applicant.

8.  The Reserve Officer Personnel Management Act (ROPMA) was enacted
effective 1 October 1996.  Among many other things, it required that second
lieutenants (2LT’s) serve a MYIG of 2 years before promotion to first
lieutenant (1LT), and 1LT’s serve a MYIG of 5 years before promotion to
captain.  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.

9.  The ROPMA promotion boards for captains were administratively delayed.
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.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the Army Board for Correction of Military Records (ABCMR) which
could adjust DOR’s for those who were first-time considered and selected
for promotion to captain, after having served more than 7 combined MYIG as
a lieutenant.

11.  Current promotion policy also requires completion of the necessary
military education (officer basic course), civilian education
(baccalaureate degree), and verification of assignment to a captain
position as appropriate.

12.  Only officers selected for promotion to captain by Reserve Components
Selection Boards after 1 October 1996 on their first-time consideration are
eligible for this DOR adjustment consideration.  All of the officers
eligible for adjustment of their DOR under these provisions were invited to
apply to the ABCMR by Departmental promotion officials, and were provided
detailed instructions and forms for this purpose.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record shows that the applicant is not
entitled to correction of his military records by changing his DOR to
captain.

2.  The applicant’s contentions have been noted.  However, the applicant
was identified to the 1998 Captain Department of the Army RCSB and was
nonselected.  He was selected for promotion by the by the 1999 Captain
Department of the Army RCSB and was promoted to captain on 18 April 2000.
Under the ROPMA, he was not entitled to the DOR adjustment based on his
nonselection by the 1998 Captain Department of the Army RCSB.

3.  He was properly promoted to captain in accordance with applicable
promotion policy in effect at the time, and he has not shown otherwise.

4.  This Board concurs with the recommendation may by the Chief, Special
Actions Branch, HRC as the overall merits of the case, are insufficient as
a basis for the Board to grant relief.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

ep  _____  js ______  cg ______  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.





                                  ____      John Slone___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103090                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000.0000/PROMOTION                 |
|2.  315                 |131.0500.0000/DATE OF RANK              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]