PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 May 2000
	DOCKET NUMBER:   AR2000040089

	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	
	Mr.  W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest L. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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 in effect reconsideration of his previous application to correct his military records by reconsidering him for promotion to pay grade E-8 to fill positions advertised in 1994 and by authorizing back pay.
 
3.  The applicant, a substantiated whistleblower, whose basic case was favorably, but incompletely, decided in 1998 correctly points out that the request that led to the 8 March 2000 supplement actually included the above request.  That request was inadvertently overlooked because the original ABCMR recommendation had focused on the July 1995 selection board.

4.  The record of Proceedings of the Board’s 2 September 1998 review and 8 March 2000 Supplement of his request is incorporated herein by reference as if wholly set forth.

CONCLUSIONS:

1.  The now expunged NCOER undoubtedly impacted adversely on the applicant’s consideration for the 1994 vacancies.  His properly constituted record should be reconsidered for promotion to fill those vacancies. 

2.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by considering the individual concerned for promotion to pay grade E-8 to fill the vacancies advertised in 1994 and, if selected, by adjusting his date of rank and effective date of rank and by authorizing any resulting back pay.  

BOARD VOTE: 

__EHA__  __ELL___  __KLW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Elzey J. Arledge, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000040089	
SUFFIX		
RECON		
DATE BOARDED	20000525	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	131.01	
2.		
3.		
4.		
5.		
6.