PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 October 2003                 
	DOCKET NUMBER:   AR2003090730

	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. Hubert O. Fry, Jr. 		Member	
	Ms. Mae M. Bullock		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 promotion reconsideration to chief warrant officer four. 

3.  The applicant states that his records were incomplete and so a material error occurred.  The result was that he was not promoted with his peers.

4.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to chief warrant officer four by a Standby Advisory Board (STAB) under 2001 criteria.  It was also determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered for promotion to chief warrant officer four and non-selected by the 2002 Reserve Components Selection Board (RCSB).  His officer evaluation reports for the periods ending 14 November 1997, 18 October 1998, 26 October 2000, 3 April 2001, and 3 April 2002 were not seen.

5.  Current 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 at the time of consideration.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to chief warrant officer four by the 2001 RCSB and should now be submitted for appropriate STAB consideration for this purpose.

2.  The applicant’s records contained material error when reviewed for promotion to chief warrant officer four by the 2002 RCSB and should now be submitted for appropriate STAB consideration for this purpose.

3.  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 submitting the records of the individual concerned to a duly constituted STAB as deemed appropriate for promotion consideration for chief warrant officer four under 2001 criteria.

2.  That all of the Department of the Army records related to this case be further corrected by placing the officer evaluation reports for the periods ending 14 November 1997, 18 October 1998, 26 October 2000, 3 April 2001 and 3 April 2002 on the OMPF of the individual concerned.
3.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted STAB under 2002 criteria, as appropriate.

4.  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.

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

BOARD VOTE:  

_AAO___  _HOF____  _MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Arthur A. Omartian___
		      CHAIRPERSON

INDEX

CASE ID	AR2003090730	
SUFFIX		
RECON		
DATE BOARDED	20031016	
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.