PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  14 Oct 99                            
	DOCKET NUMBER:   AR1998012766

	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	
	Ms. Stephanie Thompkins .		Analyst	

  The following members, a quorum, were present:

	Ms.JoAnn H. Langston		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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 by a special selection board.

3.  The applicant states that her microfiche was not correctly presented to the 1997 lieutenant colonel selection board and did not contain officer evaluation reports (OER’s ) for the years 1994 through 1995 and 1996 through 1997, and military education.

4.  Based upon review by the Office of Promotions, Reserve Components, the applicant’s official military personnel file (OMPF) contained material error when she was considered and nonselected by the 1997 Reserve Components Selection Board (RCSB).  The contested OER’s and military education were not reviewed.

5.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection 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), 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, it is reasonable 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.

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed by the 1997 RCSB and should now be submitted to a special selection board for promotion reconsideration.

2.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the contested OER’s and military education of the individual concerned on the OMPF microfiche.

2.  That, following administrative implementation of the foregoing, her records be submitted to a duly constituted special selection board.

3.  That, if selected, her records be further corrected by showing she was promoted to the next higher grade on her date of eligibility therefor, as determined by appropriate Departmental officials using the criteria cited, provided she was otherwise qualified and met all other prerequisites for promotion.

4.  That, if the applicant was separated because of her non-selection, her records be further corrected to show:

	a.  that her discharge or transfer to the Retired Reserve, as applicable, is void, and of no force or effect; that she was credited with qualifying service for Reserve retirement for her respective retirement years, from the dates of her now-voided discharge or transfer to the Retired Reserve to the date of her return to the active Reserve;

	b.  that an adequate explanation be placed in her official personnel files to show that the gap in her officer evaluation reports, from the dates of her now-voided discharge or transfer to the Retired Reserve to the date of her return to active Reserve status, was not caused by any fault on her part, and to insure that she is not prejudiced thereby in the consideration of any future personnel actions; and

	c.  that all documents related to her now-voided non-selection for promotion, and her discharge or transfer be expunged from her official military records.

5.  That, if not selected, the applicant be notified of the results of her reconsideration for promotion.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998012766	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	14 Oct 99	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.