PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           25 October 2001                  
	DOCKET NUMBER:   AR2001060400

	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 J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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, removal of his second non-selection for promotion to captain. 

3.  The applicant states that he was discharged from the Reserve on 1 October 1998.  He resigned his commissioned to complete his education requirements so that he could reapply and complete his career in the military.  He submits his report of separation, and his memorandum of resignation in support of his request.

4.  The applicant’s military records show that he was appointed in the Idaho Army National Guard (IDARNG) as a second lieutenant effective 12 May 1990.

5.  He was promoted to first lieutenant effective 30 May 1993.

6.  He was considered and not selected for promotion to captain by the 1997 Reserve Components Selection Board (RCSB) which convened on 12 November 1997.  He was not qualified for promotion based on the lack of the required civilian education.  He was notified of this non-selection on 30 July 1998.

7.  A review of his records did not reveal he had completed the civilian education requirement of a Baccalaureate (BA) degree prior to the convening date of the board.  

8.  On 11 September 1998 he requested resignation of his commission because he was unable to complete his civilian educational requirements due to financial and family difficulties.  On 14 September 1998, the appropriate authority approved his request.

9.  He was honorably separated from the IDARNG and the Reserve effective 18 September 1998.

10.  He was considered and not selected for promotion to captain by the 1998 RCSB which convened on 9 November 1998.

11.  Current promotion policy specifies that in order to be qualified for promotion to captain, an individual must have completed 4 years of time in grade as a first lieutenant, and an officer basic course, and a BA degree on or before the convening date of the respective promotion board.

12.  This policy further specifies that an officer’s name may be removed from a non-recommended list if the officer was not in an active Reserve status at the time of consideration.

CONCLUSIONS:

1.  The applicant was erroneously considered for promotion to captain by the 1998 RCSB.

2.  The applicant’s records clearly show he was discharged from the IDARNG and the Reserve before the promotion board convened.  Based on his erroneous consideration this non-selection should now be voided.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by voiding his non-selection by the 1998 RCSB; and

b.  that all documents related to his now-voided 1998 RCSB non-selection for promotion be expunged from his records.

BOARD VOTE:  

_kan____  _reb____  _rjw____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner	
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001060400	
SUFFIX		
RECON		
DATE BOARDED	20011025	
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.