PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            13 January 1999                  
	DOCKET NUMBER:   AC98-08331

	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:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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 consideration to captain.

3.  The applicant states that upon leaving active duty, he went directly to a Reserve unit and the unit did not submit his records for review by the 1995 Reserve Components Selection Board.  He contacted the promotions section in February 1996 and was informed to apply to the Army Board for Correction of Military Records.  He submits his oath of office and other documentation in support of his application.

4.  The applicant’s military records show he was appointed in the Reserve from ROTC, Transportation Corps, as a second lieutenant effective 25 July 1990.

5.  He entered on active duty on 20 December 1990.  He was promoted to first lieutenant on 13 August 1992. 

6.  He was separated from active duty on 1 June 1995 for nonselection for permanent promotion.  His DD Form 214 shows he was transferred directly to a Reserve unit.

7.  His promotion eligibility date for captain was 12 August 1996, based on the required 4 years time in the lower grade and 6 years of commissioned (promotion) service.

8.  He is presently assigned to a Reserve unit.

9.  On 6 January 1999, a staff member of the board contacted an official with the Office of Promotions, Reserve Components and was advised that the applicant was not considered for promotion to captain by a Reserve Components Selection Board in 1995, 1996, or 1997 and has not been identified for consideration in 1998. 

CONCLUSIONS:

1.  The applicant was erroneously not consideration for promotion to captain by a Reserve Components Selection Board.  He should have been considered by the 1995 Reserve Components Selection Board.

2.  The Board concludes that the applicant was not given fair and timely promotion consideration in 1995 or 1996.  The applicant should not be penalized for what appears to have been an error on the part of those responsible to timely consider him for promotion.

3.  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 placing the Official Military Personnel File of the individual concerned before a duly constituted selection board for promotion consideration to captain under 1995 criteria, and if necessary under 1996 criteria.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-08331	
SUFFIX		
RECON	N/A	
DATE BOARDED	1999 January 13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1996 April 1	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.