The Reserve Officer Personnel Management Act ROPMA by 0ww0RNy

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									                                    PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:               10 April 2001
      DOCKET NUMBER:          AR2000050815


      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
       Ms. Stephanie Thompkins                             Analyst


  The following members, a quorum, were present:

       Ms. Sherri V. Ward                                  Chairperson
       Mr. George D. Paxson                                Member
       Mr. James E. Anderholm                              Member

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military
               records
      Exhibit B - Military Personnel Records (including
                   advisory opinion, if any)

FINDINGS:

1. The applicant has exhausted or the Board has waived the requirement for
exhaustion of all administrative remedies afforded by existing law or regulations.
ABCMR Proceedings (cont)
AR2000050815

2. The applicant requests adjustment to her date of rank (DOR) for major.

3. The applicant states her DOR for captain was 7 August 1992 and according to Title
10, USC, Section 14301 which states on first considered and if selected, be promoted
no later than 7 years from her DOR for captain. Therefore, her promotion letter and
DOR should be amended to 7 August 1999.

4. The applicant’s military records show that she was appointed in the Reserve as a
second lieutenant effective 8 August 1986.

5. She was promoted to first lieutenant effective 8 February 1988 and captain 7 August
1992.

6. She was serving as an Active/Guard Reserve (AGR) officer and assigned to a
major’s position effective 28 June 1999.

7. Based on the required 7 years time in grade, her maximum years of service in grade
(MYIG) date for major was 6 August 1999.

8. She was considered and selected for promotion to major by the 1999 Reserve
Components Selection Board (RCSB) which convened on 2 March 1999. The
President approved the board on 3 January 2000. The processing of the board results
was administratively delayed.

9. A promotion memorandum dated 14 January 2000 was issued to her showing 3
January 2000 as her effective date and DOR for major.

10. A notification of promotion status memorandum dated 14 January 2000 indicates
her promotion eligibility date as 6 August 1999.

11. The Reserve Officer Personnel Management Act (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 became
effective 1 October 1996. ROPMA provides that in order to be eligible for promotion to
major the MYIG for a captain is 7 years, and that an officer selected for the first time for
promotion to the next higher grade may be promoted on or before the date that he/she
completed the maximum service. ROPMA further specifies that a unit or AGR officer
must be serving in a position requiring the higher grade to be promoted.

12. Title 10, United States Code, section 14308(c)(2) states that “Except as specifically
authorized by law, a reserve officer is not entitled to additional pay or allowances if the
effective date of the officer’s promotion is adjusted to reflect a date earlier than the
actual date of the officer’s promotion.”

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ABCMR Proceedings (cont)
AR2000050815

CONCLUSIONS:

1. The applicant is entitled to adjustment of her DOR for major to 6 August 1999, the
date she completed her MYIG.

2. The processing of the promotion board results was administratively delayed through
no fault of the applicant, and she should not be penalized for the delay.

3. Notwithstanding the delay, the effective date of her promotion should remain as 3
January 2000, the date the President approved the board.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by
showing the individual concerned was promoted to major effective 3 January 2000 with
a date of rank of 6 August 1999.

BOARD VOTE:

_svw____ _jea____ __gdp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                                           Sherri V. Ward
                                   ______________________
                                         CHAIRPERSON




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ABCMR Proceedings (cont)
AR2000050815


                                      INDEX

CASE ID                    AR2000050815
SUFFIX
RECON
DATE BOARDED               20010410
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION             GRANT
REVIEW AUTHORITY
ISSUES        1.           102.700
           2.
           3.
           4.
           5.
           6.




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