RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  5 February 2004
	DOCKET NUMBER:  AR2003090433

	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. Karen A. Heinz		Member	
	Mr. John P. Infante		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests promotion to captain based on the captain selection board results published on 17 April 2003.

2.  The applicant states that the Army Reserve Personnel Command (AR-PERSCOM) sent him a promotion packet to complete for the November 2002 captain selection board.  He returned the completed packet and was selected by the board for promotion.  The cutoff date of rank (DOR) was 30 June 2002 and his DOR was 9 August 1999, but was reported to the board as 9 August 1998.  At the time the board convened he was serving in a captain's slot.  He also states that someone discovered the error in his DOR and requested his name be removed from the board.

3.  The applicant further states that the board results should stand because he does not want this to go on his record as a passover for promotion and he is presently deployed and unable to compete in this year's captain board.

4.  The applicant provides a copy of the Unit Fiscal Year 2002 Captain Reserve Components Promotion Board Results and a partial printout of the 2002 Captain Promotion Selection Board List. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records were not provided to the Board.  Information herein was obtained from the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) that show the applicant was reassigned from the USAR Control Group (Reinforcement) and assigned to a Reserve troop program unit effective 30 August 1996.

2.  The applicant was considered and selected for promotion to captain by the 2002 Reserve Components Selection Board (RCSB) that convened on 4 November 2002.  The President approved the board results on 17 March and the results were published on 17 April 2003, respectively. 

3.  On 23 April 2003, the Chief, Office of Promotions, Reserve Components, PERSCOM, requested that Headquarters, Department of the Army, G-1 remove the applicant's name from the 2002 captain selection list.  The Chief stated that the applicant was erroneously considered for promotion with a DOR of 9 August 1998 and the applicant's correct DOR was 9 September 1999.  The Secretary of the Army established the promotion zone for the 2002 board as officers with DOR's to 1LT from 1 June 1998 through 30 June 1999.  

4.  The applicant was considered for promotion to captain by the 2003 RCSB.  The board results have not been released.
5.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that based on an erroneous DOR in the system of 9 August 1998, the applicant was considered for promotion by the 2002 RCSB and selected.  A review of his file revealed that his correct DOR was 9 August 1999.  The established promotion zone for the 2002 board was for officers with a DOR not later than 30 June 1999.  The applicant's DOR of 9 September 1999, put him out of the promotion zone.  The applicant's removal from the 2002 board does not constitute a non-selection for promotion.  In view of the facts presented, it was recommended that the applicant's request be denied.

6.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 15 September 2003.  He did not respond.

7.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that an officer who has been recommended for promotion to the next higher grade must be in the zone of consideration before being promoted in the Reserve Components.  Promotion from 1LT to captain required completion of 5 years in the lower grade.  

8.  Army Regulation 135-155 also specifies that the Secretary of the Army (SA) or his or her designee will establish the zone of consideration for each mandatory promotion board for commissioned officers.  If an officer is determined to be ineligible for consideration by not being in the zone of consideration, the Commander, Office of Promotions, Reserve Components, PERSCOM will verify the officer's ineligibility, explain the basis for the officer's ineligibility to the SA, and advise the SA to request that the President approve removal or administrative deletion of the office's name for the promotion board report or promotion list.  Officers erroneously considered and selected for promotion and deleted from the recommended list will not be considered to have failed selection for promotion.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to promotion to captain based on the captain selection board results published on 17 April 2003.  

2.  The applicant's contentions have been noted; however, the applicant was erroneously considered based on an erroneous DOR listed in the Office of Promotions, Reserve Components database system.  A review of his promotion file revealed that his DOR should have been 9 September 1999 instead of 9 August 1998.  The 2002 RCSB established promotion zone was for officers with a DOR not later than 30 June 1999 and the applicant's DOR of 9 September 1999 put him out of the promotion consideration zone.  

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___fe___  ___kh__  ___ji___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090433	
SUFFIX		
RECON		
DATE BOARDED	20040205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.