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 lieutenant colonel.

3.  The applicant states that his officer evaluation report (OER) for the period 16 March 1993 through 15 March 1994 was not included in his record and might have had an effect on the outcome.  He submits a true and certified copy of the OER in support of his application. 

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 24 January 1975.  He attained the rank of major effective 17 December 1988.  

5.  His promotion eligibility date for lieutenant colonel was 16 December 1995, based on completion of 7 years time in grade and 17 years of commissioned service.

6.  He was considered but not selected for promotion to lieutenant colonel by the 1994 and 1995 Reserve Components Selection Boards (RCSB’s). 

7.  When his records were viewed by the RCSB’s, they contained an OER for the period 18 March 1992 through 15 March 1993.  They did not contained an OER for the period 16 March 1993 through 15 March 1994.

8.  The contested OER does not include the Senior Rater Profile, required for promotion board purposes.

9.  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 nonconsideration or material error which existed in the records 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 nonselection 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 nonselection, except where an individual is not qualified due to noncompletion of required military schooling.

10.  The regulation also provides that OER’s reviewed by promotion boards must complete, i.e., with a Departmental Senior Rater Profile.

11.  The regulation also specifies that individuals twice not selected for promotion to lieutenant colonel will be transferred to the Retired Reserve if they are eligible and request such transfer, or retained in the active Reserve when more than 18 but less than 20 qualifying years of service have been completed, or discharged.

12.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant does not have a basis for consideration by a Special Selection Board (SSB) at this time.  When the applicant’s file was viewed by the 1994 and 1995 RCSB’s it did not contain his OER ending 15 March 1994.  Based on the missing report he is eligible for consideration by a special board.  The report was returned for corrections on 26 June 1996 and as of 25 September 1998 the corrected report has not been returned.  If the corrected report is returned the applicant will then be considered by a special board.  In view of the facts presented, he recommended that the applicant’s request be disapproved at this time.

13.  The opinion was referred to the applicant for his acknowledgment and rebuttal on 29 October 1998.  He did not respond.

CONCLUSIONS:

1.  The applicant is entitled to promotion reconsideration to lieutenant colonel by special selection boards under 1994 and 1995 criteria.

2.  The contested OER ending 15 March 1994 submitted by the applicant provides a basis for special board consideration.  The report must receive a Departmental Senior Rater Profile.

3.  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 a Departmental Senior Rater Profile on the contested OER of the Individual concerned and placing the contested OER 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 his records be further corrected by promoting him to lieutenant colonel and assignment of the appropriate date of rank; and by showing he was reinstated to his previous active Reserve status, with constructive service, pay, and award of appropriate retirement points.

4.  That if he is not selected for promotion, he be notified accordingly.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID 	AR1998012442	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	NA. . . . .  	
DISCHARGE REASON	NA	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 	131	
2.		
3.		
4.		
5.		
6.		

CHAIRPERSON