IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021458 


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 correction of her date of rank (DOR) from second lieutenant (2LT) to first lieutenant (1LT) based on the 2-year guidance specified in the 1 October 1996 Reserve Officers Personnel Management Act (ROPMA).

2.  The applicant states she was appointed as a 2LT in the California Army National Guard (CAARNG) on 23 July 1994 where she served for 2 years.  She was then transferred to the U.S. Army Reserve (USAR) but was not promoted to 1LT until 30 May 1997, nearly 3 years after her appointment.  According to ROPMA, the time in grade (TIG) requirements for promotion from 2LT to 1LT was changed to 2 years.  Due to her transfer from the CAARNG to the USAR, it appears that her official military personnel file (OMPF) was overlooked and she was not properly considered for promotion to 1LT.

3.  The applicant provides the following documentary evidence:

* a copy of her USAR appointment memorandum, dated 30 May 1997
* a copy of CAARNG Orders 136-53, dated 19 July 1994
* a copy of her ARNG appointment memorandum, dated 2 December 1994
* copies of National Guard Bureau (NGB) Special Orders 99 AR, dated November 1994, and 156 AR, dated 15 August 1996





CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the Regular Army and having completed Officer Candidate School, the applicant's records show she was appointed as a 2LT in the CAARNG and executed an oath of office on 23 July 1994.  She subsequently entered active duty and completed the Finance Officer Basic Course from 
15 August 1994 through 6 December 1994. 

2.  In November 1994, NGB published Special Orders 99 AR extending her Federal recognition for initial appointment as a 2LT in the ARNG effective 23 July 1994. 

3.  She was honorably discharged from the CAARNG on 7 May 1996 by reason of resignation and she was transferred to the USAR Control Group (Reinforcement, or Individual Ready Reserve (IRR)).

4.  On 15 August 1996, NGB published Special Orders 156 AR withdrew her Federal recognition due to transfer from the CAARNG to the USAR effective 7 May 1996.

5.  On 1 August 1996, she was assigned to a troop program unit (TPU), the 691st Quartermaster Company, Los Alamitos, CA, as a platoon leader, logistics officer, and S-1.

6.  On 30 May 1997, Headquarters, USAR Command, Atlanta, GA, issued a memorandum through the 63rd Regional Support Command, Los Alamitos, CA, promoting her to 1LT in the USAR effective 30 May 1997.  

7.  On 1 September 1997, she was assigned as an executive officer in the 691st Quartermaster Company, Los Alamitos, CA. 

8.  On 2 January 1999, she entered active duty in an Active Guard Reserve (AGR) status and she was assigned to the 326th Finance Group, Bell, CA.

9.  On 1 March 2002, she was promoted to captain in the USAR and in May 2003, she was transferred to the U.S. Army Cadet Command with duty in Jamaica, NY, and then Queens, NY.  

10.  On 25 August 2005, she received her Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  This letter notified her that she had completed the required years of qualifying service and would be eligible for retired pay upon application at age 60.

11.  On 8 January 2007, she was released from the U.S. Army Cadet Command and she was further assigned to the 336th Finance Command, Lake Charles, LA. Furthermore, on 30 May 2007, she was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from around May 2007 to around May 2008.

12.  In November 2007, she was selected for promotion to major (MAJ) by the 2008 Reserve Components Selection Board (RCSB) and was subsequently promoted to MAJ with an effective date and date of rank of 30 May 2008.

13.  An advisory opinion was obtained on 24 February 2010 in the processing of this case.  An official at the Special Actions Branch, Department of Army promotions, U.S. Army Human Resources Command, St. Louis (USAHRC-STL) stated the following:

	a.  She was promoted to 1LT by Sixth U.S. Army on 30 May 1997.  At the time, she had served 2 years, 9 months, and 15 days as a 2LT.  With the inception of ROPMA on 1 October 1996, the TIG requirement from 2LT to 1LT was changed from 3 years to 2 years.

	b.  2LTs whose promotion eligibility dates (PED) were after 1 October 1996, based on the 3-year TIG requirement, had their PED to 1LT adjusted to 1 October 1996 provided they were otherwise qualified.  2LTs whose PED was prior to 1 October 1996, based on the 2-year requirement, had their PED advanced to 1 October 1996.

	c.  She was transferred from the USAR Control Group (Reinforcement) to a TPU on 1 August 1996.  Therefore, her promotion was under the authority of Sixth U.S. Army.  The reason for her non-promotion is unknown.  If she can provide documentation to verify she met all promotion requirements on 1 October 1996, her DOR to 1LT should be changed to 1 October 1996.

14.  She was provided with a copy of this advisory opinion but did not respond.

15.  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 was implemented on 1 October 1996.  Under ROPMA, the PED for promotion from 2LT to 1LT was changed from 3 years to 2 years.  

16.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides policy for selecting and promoting commissioned officers of both the ARNG and the USAR.  It states an officer in the grade of 2LT will be considered for promotion without review by a selection board.  The officer’s record will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion to the date promotion service is completed.  The promotion authority will ensure all requirements are met before announcing a promotion. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she was appointed in the ARNG on 23 July 1994 and she was discharged on 7 May 1996.  At the time she was discharged from the ARNG, the requirement for promotion to 1LT was 3 years TIG.  Upon her transfer to the USAR, she was assigned to the IRR.  She was then assigned to a TPU on 1 August 1996 and she was ultimately promoted to 1LT on 30 May 1997 by the Sixth U.S. Army after having served 2 years, 9 months and 15 days as a 2LT.  

2.  Barring any impediment to promotion, she should have been promoted to 1LT effective 1 October 1996, the earliest date possible with the implementation of ROPMA.  However, it is unknown if she was fully qualified for promotion and it is equally unknown why she was not promoted upon ROPMA's inception on 1 October 1996.  Given the lapse of 14 years in her case, an arbitrary ruling in her favor without knowing what her records would have shown at the time would cause prejudice to the government.

3.  In order to have her PED adjusted to 1 October 1996, she would have had to be fully qualified for promotion.  Fully qualified means (but is not limited to) she was a satisfactory participant, had an appropriate security clearance, had a valid medical examination, met the height, weight, and Army Physical Fitness Test standards, and met the applicable civilian and military education.  As the advisory opinion recommended, if she can provide documentation to verify she met all promotion requirements on 1 October 1996, she may resubmit her application for consideration.  However, at this time, there is insufficient evidence to support a change to her DOR to 1LT.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20090021458



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ABCMR Record of Proceedings (cont)                                         AR20090021458



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