PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            16 August 2001                 
	DOCKET NUMBER:   AR2001053396

	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:

	Ms. June Hajjar		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 reconsideration to chief warrant officer four (CW4) by a special selection board under 1995 criteria.

3.  The applicant states, in effect, that he was educationally qualified and the subject educational requirements were satisfied at the time of his promotion eligibility date of 14 May 1995.  He submits a copy of his entire promotion packet submitted to the Commander, Total Army Personnel Command (PERSCOM) in March 2000 in support of his request. 

4.  The applicant’s military records show that he was appointed in the Reserve as a warrant officer one effective 14 May 1980 with prior enlisted service.

5.  He was promoted to CW2 effective 14 May 1983 and to CW3 effective 14 May 1989. 

6.  Based on the required 6 years time in grade, his promotion eligibility date for CW4 was 14 May 1995.

7.  His Personnel Qualification Record shows he completed the Warrant Officer Senior Course (WOSC) in 1987.

8.  He was erroneously not considered for promotion to CW4 by the 1994 through 1999 Reserve Components Selection Boards (RCSB’s).

9.  He was considered and not selected for promotion to CW4 by the 2000 RCSB.  He was determined not qualified for promotion based on the lack of the required military education (sic).

10.  His records did not show the date he completed the WOSC when reviewed by the selection board.

11.  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, which existed in the records 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.

12.  The regulation also specifies that individuals will receive mandatory promotion consideration prior to their PED's so that, if selected, they may be promoted on their future PED.

13.  Army Regulation 135-155 also indicates that effective in 1994 completion of any WOSC is required for promotion to CW4.  

14.  The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that the applicant’s file when reviewed by the 2000 RCSB, did not include verification of completion of the required military education.  Therefore, he was not selected for promotion.  The certificate for completion of the WOSC was in the applicant’s file when the selection board viewed it.  The certificate does not have a completion date on it; therefore, it was not accepted as verification of completion of the course.  The applicant was academically relieved from the Property Accounting Technician Senior Warrant Officer Training Course in 1992, and has not reapplied and completed the course as of 22 March 2001.  Therefore, he does not have a basis for special board consideration.  If the applicant provides a dated certificate or a Service School Academic Evaluation Report for completion of either course his request will be reevaluated for possible special board consideration.  In view of the facts presented, it was recommended that the applicant’s request be disapproved.

15.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 16 April 2001.  In his rebuttal dated 11 May 2001, the applicant states that it is through no fault of his own that the school did not date documents and the promotion board must have accepted the certificates of fellow class members or they would not have been promoted.  He submits a letter of support verifying that during the period September 1985 through July 1992 many completion certificates issued by the 5034th USAR School had missing dates and it was not until Desert Storm that this action was brought under control. 

CONCLUSIONS:

1.  The applicant was erroneously not considered for promotion to CW4 by appropriate RCSB’s.  The 1994 RCSB should have considered him so that he could have been promoted on 14 May 1995, his PED.  The Board notes that the applicant’s records, in accordance with policy, were not reviewed one year prior to his PED or subsequent years.

2.  Notwithstanding the opinion received in this case, it is also noted that while the WOSC completion certificate is not dated, the applicant’s records show he completed the WOSC in 1987 and is educationally qualified for promotion to CW4.  It is further noted that his non-selection by the 2000 promotion board is erroneous and his name should be deleted from the results of that board.
3.  The Board concludes that the applicant’s records show he was educationally qualified for promotion to CW4 and eligible for promotion reconsideration by an SSB under 1994 and, if necessary, under 1995 through 2000 criteria.  His records do not show he was academically relieved from the Property Accounting Technician Senior Warrant Officer Training course; however, this does not disqualify him from promotion consideration or promotion.  The Board notes here that he was qualified for promotion based on his completion of the WOSC in 1987.  

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 by showing the individual concerned completed the WOSC in 1987, and by submitting his records to a duly constituted special selection board(s).

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:  

_tfb____  _jtm____  _jh_____      GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		          June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001053396 	
SUFFIX		
RECON		
DATE BOARDED	20010816	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.