PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  6 February 2001
	DOCKET NUMBER:  AR2000048048

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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 enlistment contract be voided based on his selection to lieutenant colonel (LTC) effective 13 May 1996 with entitlement to back pay and allowances.

3.  The applicant states, in effect, that his second non-selection was based on material error.  He enlisted in the Reserve in order not to be separated prior to achievement of retirement points.  He was selected for promotion to LTC by a standby advisory board and the Army Board for Correction of Military Records (ABCMR) directed he be returned to commissioned status and promoted.  Due to his enlistment this cannot be done until his enlistment is voided by the ABCMR.  He submits a copy of his discharge dated 10 June 1997, enlistment contact dated 19 June 1998, the ABMCR Proceedings dated 18 November 1999, and a promotion consideration memorandum dated 30 May 2000 in support of his request.

4.  The applicant’s military records show that he was considered and not selected for promotion to LTC by the 1995 and 1996 Reserve Components Selection Boards (RCSB’s).  Based on his non-selections he was subsequently discharged on 12 June 1997.

5.  He enlisted in the Army Reserve as a staff sergeant E-6 effective 19 June 1998.

6.  On 29 March 1999, he was selected for promotion to LTC by Department Reserve Components Advisory Board under 1995 criteria.

7.  On 183 November 1999, the ABCMR directed that the applicant be promoted to LTC with a date of rank of 13 May 1996 and that his discharge be revoked.

8.  Title 10, United States Code, section 14502 (E3)

Title 10 U.S.C., section 1552

CONCLUSIONS:

1.  The applicant is entitled to correction of

CONCLUSIONS:

1.

2.

3.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by voiding the discharge of the individual concerned dated 12 June 1997;

	b.  by voiding his enlisted in the USAR dated 19 June 1998; and

	c.  by showing he was transferred to the Reserve as a lieutenant colonel with a date of rank 13 May 1996.

BOARD VOTE:  

__ro____  __tl_____  ___wm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2000048048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
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.		
2.		
3.		
4.		
5.		
6.