PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            29 July 2003                  
	DOCKET NUMBER:   AR2003086380

	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. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 reconsideration to chief warrant officer four (CW4).

3.  The applicant states, in effect, that he had completed the mandatory education requirements required for promotion to CW4.

4.  He was considered and not selected for promotion to CW4 by the 2002 RCSB.

5.  The Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) verified that he was discharged in 2003.

6.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, PERSCOM, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected for promotion to CW4 by the 2002 RCSB.

7.  Reserve promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) may only be based on erroneous non-consideration or material error that existed in the record of a commissioned warrant officer at the time of consideration.  A STAB is required for reconsideration for 1 October 1996 and later.  It further specifies that promotion reconsideration by a STAB may only be based upon ABCMR determination approved by the Secretary of the Army.  

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed for promotion to CW4 by the 2002 RCSB and should now be submitted to a duly constituted STAB for promotion reconsideration.

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 showing an updated and completed record to include the highest level military education of the individual concerned on his OMPF.

2.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted STAB under 2002 criteria, as appropriate.

3.  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.

4.  That if the applicant was selected but previously separated, his records be further corrected to show:

	a.  that his discharge, 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 to the date of his return to the Ready 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 to the date of return to the Ready Reserve, 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 by the 2002 RCSB and his discharge be expunged from his official military records.

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

BOARD VOTE:  

__WTM__  _TEO____  _  MKP_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR2003086380	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.10	
3.		
4.		
5.		
6.