DOCKET NUMBER:  AR20090007408 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, an adjustment of her date of rank (DOR) for captain from 25 June 1998 to 25 June 1997, based on a change to the Army Reserve time in service promotion policy. 

2.  The applicant states, in effect, that her DOR should be adjusted to a date that reflects a maximum of 7 combined years of service as a lieutenant.  She also states that when she received the initial package for an adjustment under the Reserve Officer Personnel Management Act (ROPMA) Project, she had been in a car accident and was unable to complete the packet to request an adjustment of her DOR.  When she recovered she thought it was too late to submit her request.

3.  In support of her application, the applicant provides copies of her USARC Form 56-R (Promotion Qualification Statement) and memorandum, her baccalaureate degree diploma and transcript, her completion document for the officer basic course, and her captain's position assignment orders.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 

3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that she was appointed in the United States Army Reserve, as a second lieutenant, effective 2 June 1990.  She was promoted to first lieutenant effective 30 May 1993.

3.  The applicant's USARC Form 56-R verifies that she was assigned to a captain's position effective 28 February 1997.

4.  Based on the maximum of 7 combined years of service as a first and second lieutenant, her maximum years of service in grade (MYIG) for promotion to captain was 1 June 1997.

5.  The applicant was considered and selected for promotion to captain by the 1997 Reserve Components Selection Board (RCSB) which convened on 13 November and recessed on 12 December 1997.  The President approved the board results on 25 June 1998.  Based on her MYIG she should have been considered by the 1996 RCSB that the President approved on 12 June 1998.  

6.  The applicant's records show that she completed the required military and civilian education for promotion prior to being promoted to captain and prior to her 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.

7.  The applicant was promoted to captain effective 25 June 1998.

8.  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 ABCMR under the ROPMA Project 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.

9.  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 MYIG of 2 years before promotion to first lieutenant, and a first lieutenant 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 second lieutenant and 4 years as a first lieutenant before promotion to captain.

10.  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).

11.  The 1996 through 2000 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 75 days after the respective recess dates.  Based on the normal processing the 1996 RCSB, which convened on 12 November and recessed 26 November 1996, should have been approved on 1 February 1997.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to her promotion effective date and DOR for captain to 28 February 1997, the date of her assignment to a captain's position, had she been timely considered for promotion prior to her 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 she was considered after the enactment of ROPMA, the delay of her promotion created an injustice that should now be corrected.  The further delay for promotion board proceeding preparation and processing for Presidential approval compounded the unfair circumstances.  The evidence shows the applicant is otherwise qualified for promotion to captain with an adjusted DOR and back pay and allowances.  

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



BOARD VOTE:

___x____  ____x___  ____x___  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 applicant was promoted to captain with an adjusted promotion effective date and DOR of 28 February 1997 with entitlement to the pay and allowances in the higher grade on that date. 




      _______ _   __x_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090007408



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ABCMR Record of Proceedings (cont)                                         AR20090007408



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