PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:            5 September 2002                  
	DOCKET NUMBER:   AR2002072156

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		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 promotion consideration to chief warrant officer three (CW3).

3.  The applicant states that he was released from active duty in March 2001 and not considered for the active duty promotion.  On March 6th, he became a troop program unit member, but was not considered for the Reserve officer promotion due to his active duty records not being transferred to the Reserve component in a timely manner to be made available to the promotion board. 

4.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to CW3 by a Standby Advisory Board (STAB) under 2001 criteria.  

5.  He was erroneously not considered for promotion to CW3 by the 2001 Reserve Components Selection Board (RCSB).

6.  Current promotion policy specifies that promotion reconsideration by a STAB 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 CW3 by the 2001 RCSB and should now be submitted for appropriate STAB consideration for this purpose.

2.  In view of the foregoing, the applicant’s records should be corrected 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 STAB’s as deemed appropriate for promotion consideration for CW3.

2.  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.

3.  That if the applicant was selected and 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, 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 official personnel files to show that the gap in his officer evaluation reports, from the dates of his now-voided discharge 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

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

BOARD VOTE:  

_MHM___  _JTM____  CLA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002072156	
SUFFIX		
RECON		
DATE BOARDED	20020905	
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.