PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 March 2001
	DOCKET NUMBER:  AR200040296

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Richard T. Dunbar		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 major by a special selection board (SSB) under 1996 criteria.

3.  The applicant states that due to recent events, he has discovered serious problems with the way his career has been managed since 1996.  He was verbally notified that he had been passed over for promotion for the second time in 1996 because he had not completed the Combined Arms and Services Staff School (CAS3).  

4.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, it was determined the applicant was erroneously not considered and is eligible for consideration by an SSB under 1993 and 1994 criteria. 

5.  The Office of Promotions, Reserve Components also determined that applicant’s official military personnel file (OMPF) contained material error when he was considered and not selected by the 1996 Reserve Components Selection Board (RCSB).  His completion of the Combined Arms and Services Staff School (CAS3) was not reviewed.

6.  The applicant’s military records show that he was appointed in the Reserve from ROTC as a second lieutenant effective 6 June 1973.  He was promoted to first lieutenant effective 4 June 1976.

7.  The applicant had a break in service from 31 March 1982 to 4 August 1988.  His date of rank for captain was adjusted to 10 October 1986.

8.  Based on the required 7 years time in grade his promotion eligibility date for major was 9 October 1993.

9.  He was erroneously not considered for promotion to major by the 1993 and 1994 Reserve Components Selection Boards (RCSB’s).

10.  He was considered and not selected for promotion to major by the 1995 and 1996 RCSB’s.  He was not qualified for promotion based on the lack of the required military education.

11.  He completed CAS3 on 27 January 1996.

12.  The education requirement for 1993 and 1994 was completion of an advanced course, and for 1995 and 1996 was completion of CAS3.

13.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve Officers.  This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material 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.

14.  The regulation provides that in order to be qualified for promotion to major an individual must have completed 7 years of TIG as a captain and completion of an AOC and CAS3 on or before the convening date of the respective promotion board.  The education requirement for 1993 and 1994 was completion of an advanced course, and for 1995 and 1996 was completion of CAS3.

15.  In March 1997, the Army Secretary granted USAR captains a one-time exemption for the Combined Arms and Services Staff School for the 1997 Army Promotion List to major.  This directive was due in part because schools offering the course were too far away for reservists to attend and a shortage of funding for training existed within the Army school system.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to major under 1993 and 1994 criteria.  

2.  The applicant does not have a basis for reconsideration under 1995 and 1996 criteria because he did not complete the required military education prior to the convening dates of those promotion boards.  

3.  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 submitting the records of the individual concerned to duly constituted special selection boards.

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

3.  That, if the applicant has been separated, his record be further corrected to show:

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

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

	c.  that all documents related to his discharge or transfer be expunged from his records.

4.  That, if not selected, the applicant be so notified.

BOARD VOTE:  

__ew____  __to___  __rd____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest M. Willcher_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
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.	131.00	
2.		
3.		
4.		
5.		
6.