PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 September 2003                   
	DOCKET NUMBER:  AR2003087245

	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. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann, 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 removal of his non-selection for promotion to lieutenant colonel in 2000 and a promotion memorandum showing an incorrect date of rank from his official military personnel file (OMPF).

3.  The applicant states he was originally not selected for promotion, but 6 months later he was reconsidered and promoted to lieutenant colonel.  All pay and allowances to reflect a correct date of rank have been paid to him.  However, his Memorandum of Notification of Non-Selection and the promotion memorandum with an incorrect date of rank are still in his OMPF.  Only his correct notification of promotion should remain in his records.  He also states that he will be eligible for the colonel promotion board this year, so it is imperative that all erroneous documents be expunged from his OMPF.  In support of his request he submits copies of the contested memorandums and his corrected promotion memorandum.

4.  The applicant’s military records show that at the time of his first non-selection for promotion to lieutenant colonel by the 2000 Reserve Components Selection Board (RCSB), he was serving as a major assigned to the Individual Ready Reserve.

5.  He was considered and selected for promotion to lieutenant colonel by the 2001 RCSB.

6.  In March 2001, he was issued a promotion memorandum showing his promotion effective date and date of rank as 8 February 2001.

7.  The Office of Promotions, Reserve Components, verified that a special selection board (SB), which convened in April 2001 reconsidered and selected the applicant for promotion to lieutenant colonel under 1999 criteria.

8.  He was issued a promotion memorandum dated 26 December 2001 showing his promotion effective date and date of rank for lieutenant colonel as 12 April 2000.

9.  His Memorandum of Notification of Non-Selection and the 23 March 2001 promotion memorandum with an incorrect date of rank appear on his OMPF.

CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to removal of his 2000 non-selection memorandum and his promotion memorandum dated 23 March 2001 from his records.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by removing the promotion non-selection memorandum dated 9 May 2000 and the promotion selection memorandum dated 23 March 2001 from his OMPF.

BOARD VOTE:  

__jlp____  _aao____  __phm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087245	
SUFFIX		
RECON		
DATE BOARDED	20030923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.02	
3.	131.10	
4.		
5.		
6.