RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20070000510 


	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

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Jefffrey C. Redmann

Chairperson

Mr. David K. Haasenritter

Member

Mr. Ronald D. Gant

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 14 October 2001 to 14 October 2000.

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

3.  The applicant provides his ARPC Form 155-R (Personnel Qualification Statement), and his completion documents for the officer advance course and baccalaureate degree.

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 11 September 1993.  He completed the officer basic course in 1994, and was promoted to first lieutenant effective 10 September 1996.

2.  His ARPC Form 155-R verifies that he was assigned to a captain's position effective 12 September 2000.

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 
10 September 2000.

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 2001 and recessed on 20 April 2001.  The President approved the board results on 25 July 2001.  He was promoted to captain effective 14 October 2001.  Based on his MYIG he should have been considered by the 2000 AMEDD  RCSB that the President approved on 25 June 2000.  

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 normal processing, the 2000 AMEDD RCSB, which convened on 10 January 2000 and recessed 4 February 2000, should have been approved on 14 May 2000. 

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 
12 September 2000, 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 12 September 2000.

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 considered well after his eligibility.  He was eligible for promotion consideration prior to his MYIG date so that, if selected, he may have been promoted on or prior to his MYIG date.  He was unjustly required to serve in grade beyond the 7 years required by ROPMA and denied 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 his MYIG date, and based on his first-time consideration/selection, a reasonable chance would have resulted that he would have been selected and respectively promoted on or before his MYIG date, and entitled to an earlier promotion, DOR, and pay and allowances.

BOARD VOTE:

___RDG_  __JCR __  __DKH__  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 12 September 2000, with entitlement to the pay and allowances in the higher grade on that date. 




__   Jeffrey C. Redmann____
          CHAIRPERSON


INDEX

CASE ID
AR20070000510
SUFFIX

RECON
 
DATE BOARDED
20070208 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131.0500
2.

3.

4.

5.

6.