PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               29 November 2001               
	DOCKET NUMBER:      AR2001061503

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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, his enlistment be voided and reinstatement as an officer.

3.  The applicant states that his appeal of his second non-selection for major has been approved.  He submits a copy of his promotion memorandum for major dated 8 June 1999 in support of his request. 

4.  The applicant’s military records show that he was appointed in the Washington Army National Guard (WAARNG), Chaplain Corps, as a first lieutenant effective 23 January 1990. 

5.  He was promoted to captain effective 30 January 1992.

6.  He was considered and not selected for promotion to major by the 1998 and 1999 Reserve Components Selection Boards (RCSB).

7.  He was honorably separated on 1 January 2000 for non-selection for promotion.

8.  He enlisted in WAARNG in pay grade E-5.

9.  He was considered and selected for promotion to major by a special selection board (SSB) under 1999 criteria based on material error.

10.  A promotion memorandum was issued showing his date of rank for major was 3 June 1999.  He was extended Federal recognition in the grade of major effective 1 March 2001.

11.  On 16 August 2001, the WAARNG requested the Army Board for Correction of Military Records to void the applicant’s enlistment and revoke his discharge as a captain.

12.  The Reserve Officer Personnel Management Act (ROPMA) provides that an officer who is considered for promotion and fails to be recommended will again be considered by the next board considering officers of his/her branch and grade. If the officer fails to be recommended on this second consideration, he/she will thereafter not be considered for promotion and will be removed from active Reserve status the first day of the seventh month following the final approval of the board report.

13.  The ROPMA also specifies that the earliest date of rank an officer may have is the approval date of the criteria under which they were recommended.  

14.  Title 10, United States Code, Section 14502 (e) (3) specifies that if a report of an SSB, as approved by the President, recommends for promotion to the next higher grade a former officer whose name was referred to it for consideration, the Secretary concerned may act to correct the military records of the former officer to correct an error or injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the officer.

CONCLUSIONS:

1.  The applicant is entitled to expunction of his enlistment contract, with no force or effect, reinstatement to his previous commissioned status, and further correction of his military records to show he was promoted to major with a date of rank of 3 June 1999, and a promotion effective date of 1 March 2001, with entitlement to back pay and allowances.

2.  It is further noted that any pay and allowances received by the applicant as an enlisted man for the period of the now voided enlistment will be offset based on this records correction.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by voiding the discharge of the individual concerned dated 1 January 2000 with reinstatement to his previous Reserve commissioned status;

	b.  by voiding his enlistment in the WAARNG with no force or effect;

	c.  by showing he was promoted to major with a date of rank of 3 June 1999 and promotion effective date of 1 March 2001, with entitlement to back pay and allowances; and

d.  by offsetting the pay received by the applicant in his now voided enlisted status.

BOARD VOTE:  

_rvo____  _wdp____  _jpi____     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001061503	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.	112.06	
3.	131.00	
4.		
5.		
6.