PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 January 2001
	DOCKET NUMBER:  AR2001052043

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 reconsideration to colonel by a special selection board.  He states that his microfiche was not correctly presented to the 1996 selection board and did not contain several of his officer evaluation reports (OER’s).

3.  Based upon review by the Office of Promotions, Reserve Components, the applicant’s official military personnel file (OMPF) contained a material error when he was considered and non-selected by the 1996 Reserve Components Selection Board (RCSB).  Several of his OER’s were not reviewed.

4.  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.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), 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, it is reasonable 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.  The applicant’s records contained material error when reviewed by the 1996 colonel selection board and should now be submitted to a special selection board 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 all of the OER’s of the individual concerned on his OMPF.

2.  That, following administrative implementation of the foregoing, his records be submitted to a duly constituted special selection board.

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 the applicant was separated because of his non-selection, his records 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 his 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 now voided non-selection for promotion, and his discharge or transfer be expunged from his records.

5.  That, if not selected, the applicant be so notified of the results.

BOARD VOTE:  

__ao__  ___to_____  ___bh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001052043	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20110130	
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.