PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:       26 June 2003                  
	DOCKET NUMBER:   AR2003086333

	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. Walter T. Morrison		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster		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 major.

3.  The applicant states that he was eligible for promotion consideration to major for the 1993 Army Medical Department (AMEDD) promotion board.  He also states that if he had been promoted to major he would have been eligible for promotion to lieutenant colonel on the 2000 AMEDD 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 not considered and is eligible for consideration for promotion to major by a special selection board (SSB) under 1992 through 2002 criteria.

5.  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.

6.  If the applicant is selected for promotion to major under 1992 through 2002 criteria, he would then be eligible for promotion consideration to lieutenant colonel applicable to his date of rank for major and he must submit a request to the Office of Promotions, Reserve Components, Total Army Personnel Command, ATTN: TAPC-MSL-NS, 9700 Page Avenue, St. Louis, Missouri 63132-5200 for promotion consideration.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to major by the 1992 through 2002 promotion selection boards and should now be submitted for appropriate SSB consideration for this purpose.

2.  The Board also notes that if the applicant is selected for promotion for major under 1992 through 2002, he may then submit a request to the Office of Promotions, Reserve Components, Total Army Personnel Command, ATTN: TAPC-MSL-NS, 9700 Page Avenue, St. Louis, Missouri 63132-5200 for promotion consideration to lieutenant colonel under the year criteria applicable for his date of rank for major.

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 submitting the records of the individual concerned to a duly constituted SSB as deemed appropriate for promotion consideration for major under 1992 through 2002 criteria.
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 not selected, the applicant be so notified.

BOARD VOTE:  

__LF____  __WTM__  __LE___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		        Walter T. Morrison___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086333	
SUFFIX		
RECON		
DATE BOARDED	20030624	
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.