PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           18 April 2002                  
	DOCKET NUMBER:   AR2002069368

	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	
	Mr. Ronald E. Blakely		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, verification of his current grade, and promotion reconsideration to captain by a special selection board (SSB).

3.  The applicant states, in effect, that he was informed in June 2001 he was ineligible to reenlist as a first lieutenant due to being passed over twice.  He was granted Federal recognition as a first lieutenant effective 13 May 1986 and Revocation orders dated 14 May 1991 list his rank as first lieutenant.  He also states he is uncertain why he was passed over for promotion to captain.

4.  Current promotion policy specifies that promotion reconsideration by an 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.

5.  The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant requested his date of rank be verified and consideration by an SSB.  A review of the applicant’s records indicated he was promoted to first lieutenant with a date of rank 13 May 1986.  He was considered by the 1990 and 1991 Reserve Components Selection Boards (RCSB’s) for promotion to captain and non-selected.  The promotion files are no longer available. However, the applicant’s official military personnel file reflected that an officer evaluation report (OER) ending 17 November 1986 was unprofiled.  As a result of the request, the OER has been profiled, and the applicant has a basis for an SSB for captain under 1990 and 1991 criteria.  Based on these facts, it was recommended that his request be approved. 

6.  The opinion was forwarded to the applicant for acknowledgement and possible rebuttal on 27 March and he concurred on 2 April 2002.

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed by the 1990 and 1991 RCSB’s and should now be submitted to an SSB for promotion reconsideration under that criteria.

2.  The Board notes that the applicant’s rank has been verified and he is presently serving in the grade of first lieutenant with a date of rank of 13 May 1986.

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 profiled OER of the individual concerned on his OMPF microfiche.

2.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB’s for promotion reconsideration.

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 selected and the applicant was separated, his records 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, and that he was credited with qualifying service for Reserve retirement for his respective retirement years, from the date 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 official personnel files to show that the gap in his officer evaluation reports, from the date 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 now-voided non-selection for promotion, and his discharge or transfer be expunged from his official military records.

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

BOARD VOTE:  

_fne____  _reb____  _bje____     GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069368	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.