RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2007
      DOCKET NUMBER:  AR20060006357


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Roland Venable                |     |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, in effect, that his date of rank (DOR) for
promotion to  major be adjusted from 19 July 2000 to 26 May 2000.

2.  The applicant states, in effect, that his DOR should be adjusted from
19 July 2000 to 26 May 2000 based on the ROPMA (Reserve Officer Personnel
Management Act) (7 years from captain to major) Project guidance.

3.  The applicant provides a copy of his Officer Record Brief (ORB) and two
promotion memorandums in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the U.S. Army Reserve as a
lieutenant colonel (LTC/O-5).

2.  The applicant provides a copy of a promotion memorandum from the U.S.
Army Total Personnel Command (AR-PERSCOM)-St. Louis, dated 12 May 1993,
which shows that he was promoted to captain 26 May 1993.

3.  Based on the required completion of 7 years maximum TIG (time in grade)
(MTIG [maximum TIG]), his promotion eligibility date (PED) for major was
25 May 2000.

4.  The applicant provides a copy of a promotion memorandum from AR-
PERSCOM, dated 10 August 2000, which shows that he was promoted to major
effective 19 July 2000.

5.  The applicant was promoted to LTC/O-5 with an effective date and DOR of
7 December 2006.

6.  In the processing of this case, an advisory opinion was obtained from
the Human Resource Command (AHRC)-St. Louis, Chief, Special Actions, Office
of Promotions, Reserve Components.  The opinion stated that the applicant
was first time considered for captain and selected on the 1993 Captain DA
Reserve Components Selection Board which convened on 23 November 1992.  The
ROPMA Project to which the applicant is referring was for first lieutenants
considered the first time to captain for criteria years 1997 through 2001.
This did not apply to the applicant.  The applicant is asking that this DOR
for major be backdated to his promotion eligibility date.  The 2000 Major
DA RCSB from which he was selected was approved on 19 July 2000.  Based on
this information, the applicant could have his DOR changed to 25 May 2000
PED (promotion eligibility date) with an effective date of 17 July 2000
(sic 19 July 2000), the board approval date.

7.  The applicant was provided a copy of the favorable opinion for possible
comment prior to consideration of this case.  The applicant responded
within the timeframe allotted and concurred on 1 November 2006.

8.  Army Regulation 135-155 prescribes the policies and procedures for
the promotion of Reserve officers.  This regulation specifies that
officers in the grade of captain may be promoted to major upon completion
of 7 years MTIG, selection by a mandatory promotion board, and have met
all requirements for promotion.  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 years of service.

9.  Army Regulation 135-155, also specifies that an officer is promoted
after selection, if all qualifications are met.  An officer selected by a
mandatory promotion board will have a promotion effective date and date of
rank no earlier than the date of approval of the mandatory board by which
recommended.

10.  The Reserve Officer Personnel Management Act, called ROPMA, is a
public law which was enacted by Congress on 5 October 1994 and became
effective on 1 October 1996.  ROPMA prescribes the policies and procedures
that govern Reserve Component officers.  Under Title 10, U. S. Code,
section 14304, of ROPMA, Reserve officers will be considered for promotion
to the next higher grade by a promotion board far enough in advance of
completing the maximum years of service in grade, termed maximum time-in-
grade (MTIG), so that if the officer is recommended for promotion, the
promotion may be effected on or before the date on which the officer
completes the MTIG.  The MTIG of a Reserve Captain for promotion to Major
is 7 years service MTIG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to an adjustment of his promotion effective
date and DOR to major from 19 July 2000 to 25 May 2000, based on MTIG date.


2.  The Board considered the advisory opinion provided by AHRC-St. Louis
and recommended that the applicant’s records be corrected to show a DOR of
25 May 2000.  The action is recommended in the interest of equity to allow
him to remain competitive with his peers.


BOARD VOTE:

___J____  __WDP__  _RSV___  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 the individual concern was promoted to major, with a promotion
effective date of 19 July 2000 and date of rank of 25 May 2000.




                                  ___     John T. Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006357                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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