SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            19 September 2000
	DOCKET NUMBER:   AR2000046217

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 29 April 1998 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 19 April 1998.

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit 

THE BOARD ADDITIONALLY FINDS:

37.  On 9 August 2000, the applicant requested reconsideration of his original application, by letter to request that his records be corrected to show that he was entitled to promotion consideration to the pay grade of E-7 in 1995 based on his records not being reviewed that year.  He states that he received a bar to reenlistment in reprisal for making a protected communication to inspector general (IG) officials and was removed from consideration by the 1995 Sergeant First Class promotion Selection Board.  He further states that the Board acknowledged that the bar to reenlistment was imposed in reprisal but failed to direct promotion consideration for 1995 when it issued its findings. 

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 29 April 1998 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time.

7.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he was entitled to consideration for promotion to the pay grade of E-7 by the 1995 Sergeant First Class Promotion Selection Board.  

8.  The Board notes that he is approaching his maximum years of service in the pay grade of E-6 and may be retired by the time he receives promotion consideration.  Therefore, if the applicant is selected by a Special Selection Board for promotion to the pay grade of E-7, his retirement will be voided and he will be reinstated to active duty with entitlement to all back pay and allowances as well as continuous service credit as if he never left active duty.

9.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 29 April 1998, to show that the individual concerned was entitled to promotion consideration by the 1995 Sergeant First Class Promotion Selection Board and if selected for promotion is entitled to receive all back pay and allowances and to be reinstated to active duty with his retirement voided to show that he had continuous active duty if applicable.                 .

BOARD VOTE:

___rks __  ___hof __  ___jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Hubert O. Fry, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046217	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/09/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000	
2.  311	131.0100	
3.		
4.		
5.		
6.