PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 July 2003                  
	DOCKET NUMBER:   AR2003089931

	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. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Anderson		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 colonel.

3.  The applicant states that he is requesting an opportunity to present an updated and completed packet containing each and every officer evaluation report for the selection board.  In support of his application he submits a letter in his own behalf.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 24 July 1970.

5.  He attained the rank of lieutenant colonel effective 1 May 1990.

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 he was considered and non-selected for promotion to colonel by the 1996 Reserve Components Selection Board (RCSB).

7.  He was separated from the USAR effective 31 August 1998 and transferred to the Retired Reserve.

8.  Current 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 at the time of consideration.

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed for promotion to colonel by the 1996 RCSB and should now be submitted to an 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 an updated and completed record to include all officer evaluation reports of the individual concerned on his OMPF.

2.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB, 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 and previously separated, his records be further corrected to show:

	a.  that his transfer to the Retired Reserve, 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 transfer to the Retired Reserve 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 transfer to the Retired Reserve 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, and his transfer to the Retired Reserve be expunged from his official military records.

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

BOARD VOTE:  

_ENA___  _FNE___  _MVT___    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_  	Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003089931	
SUFFIX		
RECON		
DATE BOARDED	20030715	
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.