RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2005
DOCKET NUMBER: AR20050011781
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. Thomas E. O’Shaughnessy | |Member |
| |Ms. Carol A. Kornhoff | |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.
2. The applicant states, in effect, that his date of rank for captain
should be in accordance with the change to the Army Reserve time in service
promotion policy. The Reserve Officer Personnel Management Act (ROPMA)
authorized an adjustment to a captain's date of rank for those who served
more than 7 years as a second and first lieutenant. He also states that he
was not aware of the error to his date of rank. He received the packet to
apply on 1 July 2005.
3. The applicant provides his ARPC Form 155-R (Promotion Qualification
Statement), copies of his completion documents for the officer basic course
and baccalaureate degree, his appointment memorandum, and his promotion
memorandums 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, Medical Services, as a second lieutenant
effective 16 February 1995. He was promoted to first lieutenant effective
15 February 1997.
2. His ARPC Form 155-R verifies that he was assigned to a captain's
position effective 28 September 1998.
3. Based on the maximum of 7 combined years of service as a first and
second lieutenant, his maximum time in grade (MTIG) date for promotion to
captain was 15 February 2002.
4. The applicant was considered and selected for promotion to captain by
the 2001 Army Medical Department (AMEDD) Reserve Components Selection Board
(RCSB), which convened on 26 March and recessed on 20 April 2001. The
President approved the board results on 25 July 2001. He was promoted to
captain effective 7 September 2001.
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 MTIG date. The Promotion Qualification Statement submitted by
the applicant verified the required position assignment, active status,
medical qualification, and security clearance for promotion purposes on or
before his MTIG date.
6. The 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 serve a MTIG of 2 years before
promotion to first lieutenant, and a first lieutenant serve a MTIG of
5 years before promotion to captain. An officer selected for promotion to
captain for the first time he/she is considered will be promoted on or
before the date that he/she completes the maximum time in grade.
7. Army Regulation 135-155, prescribes the policies and procedures for the
promotion of Reserve officers. This regulation specifies that in order to
be eligible for promotion to captain the MTIG for a first lieutenant is 5
years. 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 completes
the maximum service.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is entitled to
an adjustment to his promotion effective date and date of rank for captain
to 25 July 2001, the presidential approval date of the 2001 AMEDD RCSB,
based on his first time selection, with entitlement to back pay and
allowances.
2. Pertinent regulations show that the applicant was eligible for
promotion on or before his MTIG date. He was otherwise qualified for
promotion to captain and met all other prerequisites for promotion on 25
July 2001. Although the applicant was selected for promotion to captain
the first time he was considered after the enactment of ROPMA, the untimely
delay of his promotion created an injustice that should now be corrected.
3. In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:
_CAK____ __JEA__ __TEO__ 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 25 July 2001, with entitlement to the pay and
allowances in the higher grade on that date.
_ James E. Anderholm___
CHAIRPERSON
INDEX
|CASE ID |AR20050011781 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051101 |
|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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