PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2001066147

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		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, in effect, removal of a promotion non-selection memorandum from his Official Military Personnel File (OMPF).  

3.  The applicant states, in effect, that a promotion non-selection memorandum, dated 1 March 1996, issued by the Total Army Personnel Command (PERSCOM), St. Louis, was erroneously published and filed in his OMPF.  The non-selection memorandum was dated 1 March 1996, but an ARPERSCOM promotion memorandum was published on 13 February 1996 that had authorized his promotion to captain/0-3 (CPT/0-3), effective 7 March 1996.  In support of his application, he submits a copy of the ARPERSCOM CPT/0-3 promotion memorandum, dated 13 February 1996, and a copy of the ARPERSCOM 
non-selection memorandum, dated 1 March 1996.

4.  The applicant’s military records show that he is currently serving in the of rank CPT/0-3 in an active status in the Army National Guard (ARNG).

5.  On 13 February 1996, PERSCOM, St Louis, published a memorandum, Subject:  Promotion of Reserve Commissioned Officer of the Army, which authorized the applicant’s promotion to CPT/0-3, effective 7 March 1996.

6.  On 1 March 1996, PERSCOM, St. Louis, published a memorandum, Subject:  Notification of Promotion Status, commonly referred to as a non-selection memorandum.  This document indication that the applicant had been considered for promotion to the next higher grade by a recent Reserve Selection Board and had not been recommended for promotion.  A copy of this memorandum was filed in the applicant’s OMPF and remains on file at this time. 

7.  In the processing of this case an advisory opinion was obtained from the PERSCOM, St. Louis, Chief, Promotions & Notifications Branch, Office of Promotions, Reserve Components (RC).  This opinion confirms that as a result of being selected by the 1995 promotion selection board, the applicant was promoted to CPT/0-3 on 13 February 1996.  Therefore, he should never have been considered for promotion by the 1996 promotions selection board and his name has now been deleted from 1996 selection board’s official results and the non-selection memorandum in question has been voided.  It also recommends that the applicant’s request be approved and that his records be forwarded to the appropriate agency to have the non-selection memorandum deleted from his OMPF.  The applicant was provided a copy of this advisory opinion and on 
11 April 2002, he concurred with its contents.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that memorandum, dated 1 March 1996, Subject: Notification of Promotion Status, should be removed from his OMPF and it finds this claim has merit. 

2.   The evidence of records confirms that the applicant was selected and promoted to CPT/0-3 prior to receiving the PERSCOM. St. Louis, memorandum notifying him of his promotion non-selection.  Further, PERSCOM, St. Louis,  promotion officials have already taken action to void the memorandum in question and recommends it be removed from the applicant’s OMPF.  Therefore, the Board concludes it would be appropriate to remove this document from the applicant’s OMPF at this time. 

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 by removing PERSCOM, St. Louis, memorandum, dated 1 March 1996, Subject: Notification of Promotion Status, from the OMPF of the individual concerned.

BOARD VOTE:  

__SAC   _  __KWL___  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler_
		        CHAIRPERSON

INDEX

CASE ID	AR2001066147	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	134.0000	
2.		
3.		
4.		
5.		
6.