PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             27 September 2001                  
	DOCKET NUMBER:    AR2001062143

	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		Chairperson	
	Mr. Thomas E. O’Shaugnessy		Member	
	Mr. Eric N. Andersen		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 correction to his date of rank for promotion to captain from June 1998 to June 1996.

3.  The applicant states that he was unfairly passed over for promotion to captain by the 1995 promotion selection board.  Board records omitted his latest Officer Record Brief (ORB), completion of the officer basic course and officer evaluation reports (OER’s) from 1994 and 1995.

4.  The applicant’s available military records show that he was appointed in the Reserve as a second lieutenant effective 30 November 1989.

5.  He was promoted to first lieutenant effective 29 November 1992.

6.  Based on the 4 years time in grade requirement, his promotion eligibility date (PED) for captain was 28 November 1996.

7.  Based upon review by the Office of Promotions, Reserve Components, the applicant’s official military records (OMPF) contained material error when he was considered and non-selected by the 1995 Reserve Components Selection Board (RCSB).  His military education and several OER’s were not reviewed.

8.  He was considered and selected for promotion to captain by the 1996 RCSB.

9.  Current promotion policy specifies that promotion reconsideration by a special selection board (SSB) may only be based on erroneous non-consideration or material 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 policy 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.

10.  The policy specifies that absences of OER’s and military education are considered as material error.  It does not specify that the absence of an ORB is material error.

CONCLUSIONS:

1.  The applicant’s records contained error when reviewed by the 1995 RCSB and should now be submitted to an SSB for promotion reconsideration.

2.  The Board notes that the applicant was considered and selected for promotion to captain by the 1996 RCSB.  It is further noted that his PED for captain was 28 November 1996 and not June 1996.

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 the military education and 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 SSB.

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 not selected, the applicant be so notified.

5.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_rvo____  _teo____  _ena____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		 Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062143	
SUFFIX		
RECON		
DATE BOARDED	20010927	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.