PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           4 September 2003                  
	DOCKET NUMBER:   AR2003087565

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Frank C. Jones, II 		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 three (CW3).

3.  The applicant states that her promotion packet for CW3 did not contain two of her officer evaluation reports.  The two officer evaluation reports had to be obtained from the 95th Division and the promotion board convened before these documents could be obtained.  In support of her application she submits copies of the two officer evaluation reports. 

4.  She was considered and not selected for promotion to CW3 by the 2002 Reserve Components Selection Board.

5.  She was considered and selected for promotion to CW3 by the 2003 RCSB.

6.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined that the applicant’s official military personnel file (OMPF) contained material error when she was considered and non-selected for promotion to CW3 by the 2002 RCSB.

7.  Reserve promotion policy specifies that promotion reconsideration by a special selection board (SSB) 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.  An SSB is required for reconsideration for 1 October 1996 and later.  It further specifies that promotion reconsideration by an SSB may only be based upon ABCMR determination approved by the Secretary of the Army.  

8.  Reserve promotion policy also specifies that promotion as a result of recommendation of an SSB convened under this section shall, upon such promotion, have the same date of rank, the same effective date for the pay and allowances of that grade as the officer would have had if the officer had been recommended for promotion to that grade by the mandatory selection board which should have considered the officer or which did consider the officer.

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed for promotion to CW3 by the 2002 RCSB and should now be submitted to a duly constituted SSB 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 all officer evaluation reports of the individual concerned on her OMPF.

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

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

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

BOARD VOTE:  

_FCJ____  _BJE____  _RVO___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087565	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.