PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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. Loren G. Harrell		Director	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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.

2.  The applicant requests promotion reconsideration to CW4 (chief warrant officer four).

3.  In effect, the applicant states his records contained material error when reviewed by the 1998 promotion board, i.e., his officer evaluation report (OER) covering the period 15 April 1996 through 22 March 1997, was not in his record when reviewed by the promotion board.

4.  The applicant has provided a copy of the missing OER.

5.  The applicant’s military records show that he was promoted by a Departmental memorandum dated 26 April 1993 to CW3, with a date of rank of 
7 April 1993.  His PED (promotion eligibility date) for CW4 was 7 April 1999.

6.  He was not selected for promotion.  His record did not contain the 1997 OER when seen by the promotion board.

7.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a standby promotion advisory board may only be based on erroneous non-consideration or material error which existed in the record at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual's non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.  It further provides that individuals will receive mandatory promotion consideration prior to their PED's so that, if selected, they may be promoted on their future PED.

8. The Chief, Reserve Promotions and Notifications Branch, Total Army Personnel Command (PERSCOM), provided an opinion in this case that the applicant is eligible for promotion reconsideration as he has requested.

CONCLUSIONS:

1.  The applicant is entitled to promotion reconsideration as opined by the PERSCOM promotion branch official.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by placing the OER provided by the individual concerned, for the period 15 April 1996 through 22 March 1997, in his official records.

2.  That, following administrative implementation of the foregoing, his records be submitted to duly constituted special selection boards.

3.  That, if he is selected for promotion, he be promoted and assigned an appropriate date of rank.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012179	
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.	131.01	
2.		
3.		
4.		
5.		
6.