PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           4 April 2002                  
	DOCKET NUMBER:   AR2002070987

	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. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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, promotion consideration to captain.  

3.  The applicant states, in effect, that because of constructive credit granted upon his appointment and adjustment to her date of rank, she should have been considered for promotion to captain in 1993.

4.  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 captain by a special selection board (SSB) under 1993 criteria.

5.  She was erroneously not considered for promotion to captain by the 1993 Reserve Components Selection Board.

6.  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 captain by the 1993 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 captain.

2.  That if selected, her records be further corrected by showing she was promoted to the next higher grade on her date of eligibility therefore, as determined by appropriate Departmental officials using the criteria cited, provided she was otherwise qualified and met all other prerequisites for promotion.

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

	a.  that her discharge or transfer to the Retired Reserve, as applicable, is void, and of no force or effect; that she was credited with qualifying service for 

Reserve retirement for his respective retirement years, from the date of her now-voided discharge or transfer to the Retired Reserve to the date of her return to the active Reserve;

	b.  that an adequate explanation be placed in her records to show that the gap in her officer evaluation reports, from the date of her 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 her part, and to insure that she is not prejudiced thereby in the consideration of any future personnel actions; and,

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

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

BOARD VOTE:  

_kyf____  _rwa____  _aao____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Arthur A. Omartian 
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002070987	
SUFFIX		
RECON		
DATE BOARDED	20020404	
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.