PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            24 July 2003                  
	DOCKET NUMBER:   AR2003090218

	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. Arthur A. Omartian 		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Yolanda Maldonado		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 he should have been selected for promotion to CW3 and was incorrectly not selected by the 2002 CW3 Reserve Components Selection Board (RCSB) due to material error in his promotion consideration file. His file did not contain his officer evaluation report for the period 15 December 2000 through 14 December 2001.

4.  He was considered and not selected for promotion to CW3 by the 2002 RCSB.

5.  He is currently assigned to a troop program unit.

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 CW3 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 CW3 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 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 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 not selected, the applicant be so notified.

BOARD VOTE:  

_AAO___  _YM____  _JPI_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090218	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.01	
2.	131.10	
3.		
4.		
5.		
6.