RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 25 October 2005
	DOCKET NUMBER:  AR20050001834 


	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. James E. Anderholm

Chairperson

Mr. Jose A. Martinez 

Member

Ms. LaVerne M. Douglas

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 (DOR) for captain from 30 April 2000 to 15 April 1999.

2.  The applicant states, in effect, that his DOR should be adjusted to a date that reflects a maximum of 7 combined years service as a lieutenant.

3.  The applicant provides his ARPC Form 155-R (Personnel Qualification Statement), his completion documents for the officer basic course and baccalaureate degree, his appointment orders, and his promotion orders for first lieutenant and captain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the United States Army Reserve (USAR) as a second lieutenant effective 7 August 1992.  He was promoted to first lieutenant effective 6 August 1995.

2.  His ARPC Form 155-R verifies that he was assigned to a captain's position effective 15 April 1999.

3.  Based on the maximum of 7 combined years of service as a lieutenant, his maximum years of service in grade (MYIG) for promotion to captain was 6 August 1999.

4.  The applicant was considered and selected for promotion to captain by the 1999 Reserve Components Selection Board (RCSB), which convened on 9 November and recessed on 10 December 1999.  The President approved the board results on 18 April 2000.  He was promoted to captain effective 30 April 2000.  Based on his MYIG he should have been considered by the 1998 RCSB that the President approved on 1 April 1999.  

5.  The applicant's records show that he completed the required military and civilian education for promotion prior to being promoted to captain and prior to his eligibility (MYIG) date.  The Promotion Qualification Statement submitted by the applicant verified the required position assignment, active status, medical qualification, and security clearance for promotion purposes.

6.  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.

7.  The Reserve Officer Personnel Management Act (ROPMA) prescribed the policies and procedures to consolidate and modernize the laws governing the management of Reserve component officers.  ROPMA specified that a second lieutenant (2LT) serve a MYIG of 2 years before promotion to first lieutenant (1LT), and a 1LT 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.

8.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve or an Individual Mobilization Augmentee position.  Promotion policy also requires completion of the necessary military education (officer basic course) and civilian education (baccalaureate degree).

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.  Based on the normal processing the 1998 RCSB, which convened on 9 November and recessed 11 December 1998 should have been approved on 21 March 1999.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to his promotion effective date and date of rank for captain to 15 April 1999, the date of his assignment to a captain's position, had he been timely considered for promotion prior to his MYIG date.  The applicant was unjustly and unfairly required to serve beyond the required MYIG.

2.  Although the applicant was selected for promotion to captain the first time he was considered after the enactment of ROPMA, the untimely promotion consideration and delay of his promotion created an injustice that should now be corrected.

3.  The applicant is otherwise qualified for promotion to captain with an adjusted DOR, as determined by his appropriate commander/manager, and has met all other prerequisites for promotion on 15 April 1999.

4.  The applicant was prevented from equitable promotion consideration, unlike others in his grade in earlier and later year groups who were considered before and after him, and was unjustly promoted well after his eligibility.  He was eligible for promotion on or before his MYIG date.  He was unjustly required to serve in grade beyond the 7 years required by ROPMA and denied a timely consideration.  The further delay for promotion board proceeding preparation and processing for Presidential approval compounded the unfair circumstances.  It is concluded therefore, that had he been timely considered for promotion prior to her MYIG date, and based on his first time consideration and selection, a reasonable chance would have resulted that he would have been selected and promoted on or before his MYIG date, and entitled to an earlier promotion, an adjusted DOR, and entitled to the pay and allowances in the higher grade.

BOARD VOTE:

__JEA___  ___JAM_  __LMD__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to captain with an adjusted promotion effective date and date of rank of 15 April 1999, with entitlement to the pay and allowances in the higher grade on that date. 




__James E. Anderholm____
          CHAIRPERSON



INDEX

CASE ID
AR20050001834
SUFFIX

RECON

DATE BOARDED
2005/10/25
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.