SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  22 March 2001
	DOCKET NUMBER:  AR2001053664

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 26 September 2000 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. David E. Weightman		Senior Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 26 September 2000.

	Ms. Shirley Powell		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit A – 2nd Endorsement, Total Army Personnel Command, TAPC-MSE-A, Subject:  ABCMR Proceedings –, Captain, dated 20 November 2000.

	Exhibit B – Total Army Personnel Command Military Personnel Message 97-149, Subject:  2LT Officer Evaluation Report Restricted Access Program, undated.

THE BOARD ADDITIONALLY FINDS:

18.  On 26 September 2000 this Board recommended approval of the applicant’s request for promotion reconsideration for major by a Special Selection Board (SSB) under fiscal year 1999 (FY99) criteria, based on material error.  The Board concluded an improper absence of an Officer Evaluation Report (OER) from the records reviewed by the FY99 promotion board as material error.  The contended OER covered the period 28 April 1990 through 5 February 1991, and was for his duties as a second lieutenant (2LT).  It was further concluded that the OER was located in the Restricted portion (R-fiche) of the applicant’s Official Military Personnel File (OMPF) microfiche record at the convening of the promotion board and not eligible for review.  The Board’s recommendation (AR2000046991) was approved by the Deputy Assistant Secretary of the Army on 13 October 2000, and forwarded to the Total Army Personnel Command for appropriate corrective action.

19.  On 20 November 2000 the Chief, Appeals and Corrections Branch, Total Army Personnel Command (PERSCOM) returned the case to the Board without corrective action and provided a copy of PERSCOM Military Personnel message number 97-149.  The message (undated) shows that concurrent with the implementation of the new OER system, access to second lieutenant (2LT) OER’s will be restricted after promotion to captain.  It was an interim policy now made permanent, and was implemented Army wide prior to FY98 selection boards, including the FY99 major selection board.  Specifically, it showed that 2LT OER’s of captains will be moved (masked) from the Performance portion 
(P-fiche) to the R-fiche of respective OMPF’s.

20.  The foregoing evidence was not made available to this Board at the time of the previous recommendation in this case.

21.  Pertinent regulations specify that promotion selection boards review only the P-fiche of individual officer’s OMPFs.

22.  The applicant was subsequently selected for and promoted to major, and he is currently serving on active duty in that rank.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 26 September 2000 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time.  However, substantial new evidence now shows a mistake of law in this case.

7.  In accordance with the Military Personnel message 97-149, in effect at the time, the contested OER was properly filed in the R-fiche of the applicant’s OMPF.  Therefore, since the contested OER was properly filed at the time, there was no error in his record when reviewed for promotion to major by the fiscal year FY99 selection board.  It is also concluded that the applicant is not entitled to promotion reconsideration by a Special Selection Board based on the absence of the contested OER in the P-fiche of his OMPF at the time of the promotion review.

8.  In view of the preceding and the additional factors noted, the Board concludes that the applicant’s record did not contain material error when reviewed by the FY99 selection board.  The contested OER was properly filed in his R-fiche, it was properly not reviewed by the selection board, and he was properly considered for promotion.  Therefore, he is not entitled to promotion reconsideration by an SSB under FY99 promotion criteria as was previously recommended.

9.  The Board also notes that the applicant was subsequently selected for and promoted to major, and he is currently serving on active duty in that rank.

10.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below, to show there is no longer a basis for the granting of his request.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by rescinding the Board’s recommendation appearing in the proceedings dated 26 September 2000, and to show that the individual’s request for reconsideration for promotion to major was denied.

BOARD VOTE:

__sp____  ___rs__  ___ji_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Shirley Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001053664	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
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.	111	
2.	131	
3.		
4.		
5.		
6.