PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 November 2000
	DOCKET NUMBER:  AR2000041380

	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. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Celia L. Adolphi		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 colonel (pay grade 0-6) by a special selection board.

3.  The applicant states, in effect, that her microfiche record was not properly presented to the 1995 and 1996 colonel selection boards and did not contain several of her officer evaluation reports (OER’s) and all of her civilian and military education.

4.  The applicant’s military records show that she was appointed in the Reserve as a second lieutenant effective 3 August 1969.

5.  She attained the grade of major effective 30 September 1984 and was promoted to lieutenant colonel effective 29 September 1991.  Based on the required 5 years time in grade her promotion eligibility date for colonel was 28 September 1996.

6.  She was considered and not selected for promotion to colonel by the 1995 and 1996 Reserve Components Selection Boards (RCSB’s).

7.  On 9 February 2000, the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) advised the applicant to apply to the Army Board for Correction of Military Records for promotion reconsideration to colonel under 1995 and 1996 criteria.  Based upon their review, her official military personnel file (OMPF) contained material error when she was considered and non-selected by the 1995 and 1996 RCSB’s.  Several of her OER’s and all of her civilian and military education were not reviewed.  She was further advised that her records were omitted from the 1997 and 1999 RCSB’s and she would have a basis for those years also.

8.  She was considered and not selected for promotion to colonel by the 1998 RCSB.  Based upon review by the Office of Promotions, Reserve Components, her records did not contain material error when she was considered by the 1998 selection board.

9.  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), 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.

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed by the 1995 and 1996 colonel RCSB’s and should now be submitted to special selection boards for promotion reconsideration under 1995 and 1996 selection criteria.

2.  It is noted the applicant’s records were erroneously omitted from the 1997 and 1999 RCSB’s and will also be submitted to special selection boards for promotion consideration under 1997 and 1999 selection criteria.

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 showing all of the OER’s and all of the civilian and military education of the individual concerned on her OMPF microfiche.

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

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 records 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 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 records.

5.  That, if not selected, the applicant be so notified of the results.

BOARD VOTE:  

__js__  ___tl_____  ___ca_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___John N. Slone___
		        CHAIRPERSON

INDEX

CASE ID	AR2000041380	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001130	
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.