PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            29 January 2002                  
	DOCKET NUMBER:   AR2002066909

	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. Arthur A. Omartian 		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 reconsideration for promotion to major.

3.  The applicant states that he was advised that based on his date of rank for captain of 1 December 1985, he should have been considered for promotion to major earlier than 1995 and 1996.  He also states that he was advised to apply for promotion consideration by a special selection board under criteria prior to 1995 and 1996, which did not have a military education requirement.   He further states that a Departmental official told him that he should have been considered in 1992.

4.  He was appointed in the Reserve as a second lieutenant in 1982 and promoted to captain effective 1 December 1985.  His promotion eligibility date for promotion to major was 1994 based on the completion of 12 years of time in service.

5.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to major by a special selection board (SSB) under 1994 criteria.

6.  He was erroneously not considered for promotion to major by the 1994 Reserve Components Selection Board.

7.  Promotion policy at the time required 7 years of time in grade as a captain and 12 years of time in service, whichever is the latest, for promotion to major.

8.  Current promotion policy specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to major by the 1994 promotion board and should now be submitted for appropriate SSB consideration for this purpose.

2.  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 submitting the records of the individual concerned to duly constituted SSB’s as deemed appropriate for promotion consideration for major.

2.  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.

3.  That if the applicant has been separated, his record be further corrected to show:

	a.  that his discharge or transfer to the Retired Reserve, as applicable, is void, and of no force or effect; that he was credited with qualifying service for 
Reserve retirement for his respective retirement years, from the dates of his now-voided discharge or transfer to the Retired Reserve to the date of his return to the active Reserve;

	b.  that an adequate explanation be placed in his records to show that the gap in his officer evaluation reports, from the dates of his now-voided discharge or transfer to the Retired Reserve to the date of return to active Reserve status, was not caused by any fault on his part, and to insure that he is not prejudiced thereby in the consideration of any future personnel actions; and

	c.  that all documents related to his discharge or transfer be expunged from his records.

4.  That if not selected, the applicant be so notified.

BOARD VOTE:  

_mmh___  _aao___  _kah____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002066909	
SUFFIX		
RECON		
DATE BOARDED	20020129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.