PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           3 April 2001                  
	DOCKET NUMBER:   AR2000049173

	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. Walter T. Morrison		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 (LTC) under 1991 criteria.

3.  The applicant states, in effect, that he was eligible for promotion to LTC in 1991 based on his promotion to major with a date of rank of 4 September 1984. 

4.  The applicant’s military records show that he was appointed in the Reserve, Medical Corps as a captain effective 5 September 1984, with 11 years constructive service credit.

5.  He was promoted to major effective 23 August 1991 with a date of rank of 4 September 1984.

6.  He was erroneously not considered for promotion to LTC by the 1991 Reserve Components Selection Board (RCSB).

7.  Based upon review by the Office of Promotions, Reserve Components, the applicant’s official military personnel file (OMPF) was erroneously not considered by the 1991 colonel promotion selection board.

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 (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered by the 1991 RCSB and should now be submitted to an SBB for promotion consideration.

2.  The Board concludes that the applicant was not given fair and timely promotion consideration in 1991.  The applicant should not be penalized for what appears to have been an error on the part of those responsible to timely consider him for promotion.  

3.  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 by submitting the records of the individual concerned to a duly constituted SSB.

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 not selected, the applicant be so notified.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049173	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.