RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 January 2008
DOCKET NUMBER: AR20070005230
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Vick
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
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 1 September 1996 to 16 December 1994.
2. The applicant states that he signed a declination of promotion based on the battalion commander's guidance that he would be promoted as quickly as a captain position became available. When the captain position became available it was given to an officer junior to him in grade since his civilian job required him to move to New Jersey. When he arrived in his new unit in New Jersey other junior officers were assigned to the captain position until he could prove himself in the New Jersey Guard.
3. The applicant provides copies of his transfer orders, promotion eligibility memorandum and his declination, and appointment orders in the New Jersey Army National Guard.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant indicates that he was a member of the United States Army Reserve, serving in the rank of major, pay grade O-4. His effective date and DOR to major is 17 July 2003.
2. Special Orders Number 116, Department of the Army and the Air Force National Guard Bureau, dated 19 July 1991, promoted the applicant to the rank of first lieutenant, Field Artillery, effective 24 June 1991.
3. A memorandum for Army National Guard Personnel Center, United States Army Personnel Command, dated 27 January 1995, stated that the applicant was eligible for promotion to captain effective 23 June 1995; and that he was extended Federal recognition in this grade effective 16 December 1994.
4. On 29 April 1995, the applicant submitted a memorandum through his commander to the Tennessee State Adjutant General, declining his promotion to captain. In this memorandum he acknowledged that, if his request was approved, his name would remain on the promotion list for a period not to exceed 3 years from 16 December 1994, and that he had to be promoted on or prior to 15 December 1997.
5. Orders 045-038, State of New Jersey, Department of Military and Veterans' Affairs, dated 14 February 1996, assigned the applicant as a Field Artillery Officer, 112th Field Artillery Regiment, New Jersey Army National Guard, effective 11 December 1995.
6. Orders 5-1, 3rd Battalion, 112th Field Artillery Regiment, dated 16 March 1996, transferred the applicant to the Ammunition Officer [captain's position] effective 1 April 1996, establishing his eligibility for promotion to captain on this date.
7. The applicant was promoted to the rank of captain effective 1 September 1996, with a same DOR.
8. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia. It stated that the applicant was transferred to a captain's position effective 1 April 1996. It recommended that his DOR be adjusted to 1 April 1996.
9. The advisory opinion was mailed to the applicant on 8 November 2007. The applicant has not responded.
10. The Reserve Officer Personnel Management Act (ROPMA), effective
1 October 1996, prescribed the policies and procedures to consolidate and modernize the laws governing the management of Reserve component officers. ROPMA specified that a first lieutenant (1LT) serve a minimum time in grade 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.
11. 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).
DISCUSSION AND CONCLUSIONS:
1. There is no evidence showing that the applicant was assigned to a captain's position at any time during the period from 16 December 1994 through 31 March 1996.
2. ROPMA specifies that an officer must be serving in the higher graded position to be promoted. In the applicant's case, he was not assigned to a captain's position until 1 April 1996. Therefore, his date of rank should be adjusted from
1 September 1996 to 1 April 1996.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__ JEV___ __TMR__ __JCR _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 1 April 1996, with entitlement to the pay and allowances in the higher grade on that date.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting his promotion effective date and date of rank any earlier than 1 April 1996.
____ James E. Vick _____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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