PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  9 November 2000
	DOCKET NUMBER:  AR2000047293

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Orville W. Troesch		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 captain.

3.  The applicant states in effect, that his eligibility date for promotion to captain was 19 August 1994 [sic].  He submits copies of a memorandum dated 8 June 2000, from the Office of Promotion, Reserve Components, advising him to apply to the Army Board for Correction of Military Records.  He submits his college and high school transcripts and his Officer Basic Course completion report in support of his request.

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 a special selection board under 1994 [sic] through 1998 criteria.

5.  The applicant’s military records show that he was appointed in the Reserve from ROTC as a second lieutenant effective 21 August 1986.

6.  He was promoted to first lieutenant effective 20 August 1989.  Based on the required 4 years time in grade his promotion eligibility date for captain was 19 August 1993.

7.  He has not been considered for promotion to captain.

8.  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.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to captain and should now be submitted to appropriate special selection boards for this purpose.

2.  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:  

__jp___  __bl___  ___ot_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2000047293	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001109	
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.