PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  26 September 2000
	DOCKET NUMBER:  AR2000046443

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. Melvin H. Meyer		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 chief warrant officer five.  He states he was not properly considered.

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

4.  In view of the foregoing, had the applicant who was separated because of non-selection been selected for promotion to chief warrant officer five by the original selection board, the applicant would have been retained in an active Reserve status, and/or would not have been discharged or transferred to the Retired Reserve.

CONCLUSIONS:

1.  In light of the fact that the applicant has now been recommended for promotion to chief warrant officer five under 1996 criteria, had the applicant been considered by the original selection board, it is reasonable to conclude that he 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, he would have been promoted in the USAR at the time of his eligibility therefor as prescribed in the appropriate regulations.

3.  The Board also concludes that had the individual been considered by the respective promotion board, he would have been selected and retained in his 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 he was promoted in the USAR to chief warrant officer five on his promotion eligibility date, as determined by appropriate Departmental officials using the criteria cited, provided he 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:  

__ao___  ___tb___  __mm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

 
INDEX

CASE ID	AR2000046443	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000926	
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.