IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100020174
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 adjustment of his date of rank (DOR) for captain (CPT)/O-3 from 25 June 2000 to 18 August 1999 and adjustment of his date of eligibility for subsequent promotion consideration and DOR for major (MAJ)/O-4 and lieutenant colonel (LTC)/O-5.
2. He states due to implementation of the Reserve Officer Personnel Management Act (ROPMA) he was not considered by a mandatory selection board in January 1999 as he should have been, but instead he was considered by the January 2000 Army Medical Department (AMEDD) board. He states he was otherwise eligible and assigned to an authorized CPT position at the time of the 1999 board.
3. He provides:
* an Application Checklist
* an ARPC Form 155-R (Promotion Qualification Statement)
* his University of New England - Associate Degree in Nursing transcript
* his Bachelor of Science in Nursing Diploma
* his promotion memorandum to CPT
* a memorandum for eligible officers, subject: Notification of Opportunity to Apply for Adjustment to DOR
* a Memorandum for Record, subject: Education Requirement
* a DA Form 1059 (Service School Academic Evaluation Report) for completion of the AMEDD Officer Basic Course
* a DA Form 1059 for completion of the AMEDD Officer Advanced Course
* his DA Form 4037-E (Officer Record Brief)
CONSIDERATION OF EVIDENCE:
1. Following periods of enlisted service in the Regular Army, U.S. Army Reserve (USAR), and the Army National Guard, the applicant was appointed a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT) effective 15 July 1992. Effective 31 August 1994, he was promoted to first lieutenant (1LT)/O-2.
2. Based on the maximum of 7 combined years of service as a 2LT and 1LT, he had served his maximum years of service in grade (MYIG) for promotion to CPT on 14 July 1999.
3. Effective 25 June 2000, he was promoted to CPT.
4. On 3 March 2011, during the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions Special Actions, U.S. Army Human Resources Command. The advisory official stated the Army policy change resulting from ROPMA applied only to officers who were recommended for promotion on their first consideration. He further stated the applicant's file appeared before the 1999 CPT Army Medical Department promotion and selection board that adjourned on 5 February 1999. The board did not select him for promotion. Because he was not selected on his first consideration, he is not eligible to apply for an adjusted date of rank with ROPMA as the basis.
5. On 7 March 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal. He did not respond.
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 CPT 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 dates of rank for those who were first-time considered and selected for promotion to CPT, after having served more than 7 combined MYIG as a lieutenant.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was considered for promotion in 1999 and not selected. He was subsequently promoted to CPT in 2000. The applicants date of rank for CPT of 25 June 2000 was proper. He was not eligible for an earlier promotion under the ROPMA provisions since he was previously non-selected for promotion to CPT.
2. In view of the foregoing, there is no basis for granting the relief he requests.
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) AR20100020174
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ABCMR Record of Proceedings (cont) AR20100020174
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