RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060009100 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. John N. Sloane

Chairperson

Mr. David K. Haasenritter 

Member

Mr. John G. Heck

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, adjustment to her date of rank (DOR) for lieutenant colonel (LTC/O-5) from 29 May 1998 to 14 March 1998.

2.  The applicant states, in effect, that Section 14304, of Title 10, of the United States (US) Code, Subtitle E, Reserve Component, states as follows:  (a) Consideration for promotion within specified times. (1) Officers shall be placed in the promotion zone for that officer's grade and competitive category, and shall be considered for promotion to the next higher grade by a promotion board convened under Section 14101(a) of this Title, far enough in advance of completing the years of service in grade specified in the following table so that if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete those years of service.  The release date of the promotion board results was delayed in 1997, causing her to serve longer than the maximum 7 years in grade.  

3.  The applicant provides copies of her promotion memorandums for promotion to major and lieutenant colonel in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that she was appointed in the United States Army Reserve, as a second lieutenant, effective 15 March 1979.  She was promoted to major effective 14 March 1991.

2.  Based on the completion of the required 7 years maximum time in grade (MTIG) in the USAR, her promotion eligibility date (PED) for lieutenant colonel was 13 March 1998.

3.  The applicant provides a copy or her promotion memorandum, dated 24 June 1998, which shows that she was promoted to lieutenant colonel effective 29 May 1998, with a date of rank (DOR) of 29 May 1998.

4.  In the processing of this case, an advisory opinion was obtained from the Human Resource Command (AHRC)-St. Louis, Chief, Special Actions Branch, Office of Promotions, Reserve Components.  The opinion recommended denial of an earlier DOR of 14 March 1998.  The opinion stated that the applicant was promoted to major on 14 March 1991.  Promotion to lieutenant colonel required 7 years TIG; therefore, her promotion eligibility date was 13 March 1998.  The applicant was considered, and selected for promotion to lieutenant colonel by the 1997 Department of the Army Reserve Components Selection Board (RCSB) that convened on 29 September 1997.  Under the Reserve Officers Personnel Management Act (ROPMA), an officer could not be promoted until the board had been approved by the President of the United States.  The board was approved by the President on 29 May 1998 and the results were released on 18 June 1998.  The applicant was issued a promotion memorandum dated 24 June 1998, with a DOR of 29 May 1998, the earliest date she could received for her DOR.

5.  The applicant was provided a copy of this opinion on 8 December 2006 for possible comment prior to consideration of this case but no response was received.

6.  ROPMA, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve component officers.  The law became effective 1 October 1996.  ROPMA provides that in order to be eligible for promotion to LTC the MTIG for a major is 7 years, and that 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 completed the maximum service.  ROPMA further specifies that the officer must be serving in a position requiring the higher grade and that selected Individual Ready Reserve officers, including Individual Mobilization Augmentee officers, do not have to be in a higher grade position for promotion on their MTIG date.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to her DOR for lieutenant colonel to 13 March 1998, the date she attained MTIG, in accordance with pertinent regulations.

2.  Notwithstanding the advisory opinion provided in this case, ROPMA specifies that an officer cannot be promoted to the next higher grade prior to the approval date of the promotion board; however, this does not preclude a change to the applicant’s date of rank to her PED, based on MYIG provisions of the law, in order to allow her to remain competitive with her peers. 

3.  Based on these provisions of the law, an officer who is recommended for promotion to the next higher grade by a selection board the first time they are considered for promotion and who is placed on an approved promotion list shall be promoted, without regard to the existence of a vacancy, on the date on which the officer completes the MYIG.  Therefore, this action is recommended in the interest of equity to allow her to remain competitive with his peers.  However, this change does not authorize a change to her promotion effective date or entitle her to additional pay and allowances for the date of rank adjustment.
4.  The respective promotion board and the processing of the promotion board results were administratively delayed through no fault of the applicant, and he should not be penalized for the delay. 

5.  However, when the President approved the lieutenant colonel 1997 RCSB, the applicant would have been eligible for promotion on the date she completed the 7 years MTIG on 13 March 1998.  Although the applicant was selected for promotion to major the first time she was considered, the delay of her promotion created an injustice that should now be corrected.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JH____  __S_____  ___DKH_  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 she was promoted to lieutenant colonel effective 29 May 1998, with a date of rank of 13 March 1998, with no entitlement to additional pay or allowances based on this adjustment.




_____John N. Sloane________
          CHAIRPERSON




INDEX

CASE ID
AR20060009100
SUFFIX

RECON

DATE BOARDED
20070419
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
USAR AD
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131.05
2.

3.

4.

5.

6.