PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               8 November 2001              
	DOCKET NUMBER:      AR2001061428

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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, in effect, promotion reconsideration to captain under an earlier criteria, and an adjustment to his date of rank.

3.  The applicant states, in effect, when his records were boarded they lacked significant documentation that should have been included, and his Reserve commission date of rank to captain should be adjusted.

4.  Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command on 1 November 2001, the applicant was erroneously omitted from consideration by the 1994 promotion board, and his official military personnel file (OMPF) contained material error (it was not available) when reviewed by the 1995 promotion board and he was not selected based on not being educationally qualified.

5.  Current promotion policy 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 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), 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.

CONCLUSIONS:

1.  The applicant’s records were erroneously omitted and otherwise contained material error when reviewed for promotion to captain and should now be submitted to SSB’s, as appropriate, for promotion reconsideration.

2.  In this case, the applicant should receive consideration under the 1994 criteria, and if not selected by this SSB, he should then receive reconsideration under the 1995 criteria.

3.  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 a complete OMPF of the individual concerned.

2.  That following administrative implementation of the foregoing, his records be submitted to duly constituted SSB’s as appropriate.

3.  That if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefore, 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 not selected, the applicant be so notified.

BOARD VOTE:  

_fne____  _bje______  _kyf___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061428	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.