PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 March 2001
	DOCKET NUMBER:   AR2000047814

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O'Shaughnessy, Jr. 		Member	
	Mr. Richard T. Dunbar		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 that his non-selection for promotion to chief warrant officer two (W-2) be expunged from his official military personnel record (OMPF). 

3.  The applicant states that he was not recommended because his record was incomplete and that he was recommended and promoted after his record was administratively corrected.  He believes that in the future someone might interpret this non-selection as derogatory information.

4.  The applicant’s military records show that he is a Reserve warrant officer on active duty in the Active Guard/Reserve (AGR) Program.  He was non-selected for promotion to pay grade W-2 by the December 1989 Administrative Selection Board because his records were incomplete.  He was selected and promoted with an effective date of rank of 8 March 1990 after his record was administratively corrected.

5.  During the processing of this case a favorable advisory opinion was obtained from the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM).  The advisory opinion was furnished to the applicant for rebuttal or comment.  On 3 January 2001 the applicant concurred with the advisory opinion.  

CONCLUSIONS:

1.  The applicant was non-selected through no fault of his own and any mention of that non-selection should be expunged from his record.

2.  The foregoing is in consonance with the advisory opinion from the PERSCOM.

3.  In view of the foregoing, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by expunging all references to the non-selection for promotion to pay grade W-2 from the OMPF of the individual concerned.

2.  Following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal be returned to this Board for permanent filing.

BOARD VOTE:  

__EMW__  ___TEO_  ___RTD_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Ernest M. Willcher_______________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047814	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	126.04	
2.		
3.		
4.		
5.		
6.