PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  22 June 2000
	DOCKET NUMBER:   AR2000042569

	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. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Arthur A. Omartian		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 by a special selection board to captain.

3.  The applicant was recommended for promotion to the next higher grade under 1996 criteria by a special selection board adjourning 28 January 2000.

4.  Policy provides that had the applicant who was separated because of her failure to be considered been selected for promotion to captain by the original selection board, she would have been retained in an active Reserve status, and/or she would not have been discharged or transferred to the Retired Reserve, whichever is applicable.

CONCLUSIONS:

1.  In light of the fact that the applicant has now been recommended for promotion to captain under the 1996 criteria, had the applicant been considered by the original selection board, it is reasonable to conclude that she would have been recommended for promotion at that time.

2.  Based on the foregoing conclusion, it is also reasonable to presume that, had the applicant been recommended for promotion by the original selection board, she would have been promoted in the USAR at the time of her eligibility therefor as prescribed in the appropriate regulations.

3.  The Board also concludes that had the individual been considered by the respective promotion board, she would have been selected and retained in her active Reserve status.

4.  In view of the facts and circumstances surrounding this matter, the interest of justice would best be served by now correcting the applicant’s records to show that the applicant was recommended and was promoted to the next higher grade on the date of eligibility therefor, as determined by appropriate Departmental officials using the criteria cited; and that if separated, the Department's records should be further corrected to show retention in an active Reserve status.

RECOMMENDATION:

1.  That all of the Department of the Army records of the individual concerned be corrected to show that she was promoted in the USAR to captain on her promotion eligibility date, as determined by appropriate Departmental officials using the criteria cited, provided she was otherwise qualified and met all other prerequisites for promotion.

2.  That, if separated, the records be further corrected to show:

	a.  that the discharge or transfer to the Retired Reserve, as applicable, is void, and of no force or effect;

	b.  that the individual was credited with qualifying service for Reserve retirement for respective retirement years, from the date of the now-voided discharge or transfer to the Retired Reserve to the date of return to the active Reserve;

	c.  that an adequate explanation be placed in the individual’s official personnel file to show that the gap in officer evaluation reports, from the date of the 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 the individual’s part, and to insure that the individual is not prejudiced thereby in the consideration of any future personnel actions; and

	d.  that all documents related to the now-voided discharge or transfer be expunged from the individual’s official military records.

BOARD VOTE:  

__LS___  __RA___  __AO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2000042569	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
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.