PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 March 2001
	DOCKET NUMBER:  AR2000047866

	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. Roger W. Able		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Allen L. Raub		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 lieutenant colonel by a special selection board (SSB) under 1996 criteria.

3.  The applicant states that an officer evaluation report (OER) for the period 21 January 1995 through 20 January 1996 should have been referred to the rated officer and instead it was made part of his promotion packet thereby contributing to his one time passover.  He requested standby reconsideration in March 1999 and was denied administratively in 1999.  He submits a letter of support from his command, a historical summary, an OER ending 20 January 1996, and documentation of an officer in his unit in support of his request.

4.  The applicant’s military records show that he was appointed in the Massachusetts Army National Guard (MA ARNG) as a second lieutenant effective 15 June 1976.

5.  On 13 October 1977 he was separated from the MA ARNG to accept a USAR assignment.

6.  He was promoted to first lieutenant effective 14 June 1979 and captain effective 3 February 1984 with a date of rank of 13 June 1983.

7.  He was appointed in the Vermont ARNG effective 1 November 1986.

8.  He was separated from the Vermont ARNG on 31 December 1987 and transferred to the USAR Control Group (Reinforcement).

9.  He promoted to major effective 12 June 1990.  

10.  He was considered for promotion to lieutenant colonel by the 1996 Reserve Components Selection Board (RCSB) and not recommended.

11.  He was considered and selected for promotion to lieutenant colonel by the 1997 RCSB.  He was promoted effective 11 June 1998.

12.  On 5 May 1997, the applicant appealed an OER for the period 21 January 1995 through 20 January 1996 based on administrative and substantive errors.

13.  On 19 February 1999, the Deputy Chief of Staff for Personnel, Officer Special Review Board determined that the evidence submitted by the applicant justified modifying the OER ending 20 January 1996.

14.  On 3 November 1999, the Chief, Office of Promotions, Reserve Components advised the applicant that his request for promotion consideration by an SSB was denied.  After careful review a special review team determined that his record did contain material error when originally seen by the mandatory board; however, the error was not significant enough in nature, which in conjunction with his permanent record, would have made a difference in his promotion status.

15.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve Officers.  This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error, which existed in the record at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.

CONCLUSIONS:

1.  Notwithstanding the assessment of the ARPERSCOM officials, the Board concludes that the contested OER was material error when reviewed by the 1996 lieutenant colonel selection board and his corrected records should now be submitted to an SSB for promotion reconsideration.

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 showing the modified evaluation report ending 20 January 1996 of the individual concerned on the OMPF microfiche.

2.  That, following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB for promotion reconsideration.

3.  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.

4.  That, if not selected, the applicant be so notified.

BOARD VOTE:  

__ra__  ___gw___  ___ar___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Roger W. Able___
		        CHAIRPERSON

INDEX

CASE ID	AR2000047866	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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.