PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:             18 October 2001                 
	DOCKET NUMBER:     AR2001063231

	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	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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 consideration to major.  

3.  The applicant states that he was erroneously not considered by the 1996 and 1997 promotion boards.  He also states that his records were incomplete when reviewed by the 1998 and 1999 promotion boards.

4.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to major by a special selection board (SSB) under 1996 criteria.

5.  He was erroneously not considered for promotion to major by the 1996 Reserve Components Selection Board.

6.  Current promotion policy specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.

7.  Under the Reserve Officer Personnel Management Act implemented on 1 October 1996, any request for reconsideration by an SSB for officers in the grade of captain and above for year criteria after 1 October 1996, must be submitted by the officer to the Office of Promotions, Reserve Components, PERSCOM.

8.  Army Regulation 15-185 establishes procedures for making application, and the consideration of applications, for the correction of military records by the Secretary of the Army acting through this Board.  This regulation specifies that no application will be considered until the applicant has exhausted all effective administrative remedies afforded him/her by existing law or regulations, and such legal remedies as appropriately available to the applicant.

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to major by the 1996 promotion board and should now be submitted for appropriate SSB consideration for this purpose.

2.  It is also noted that the applicant has not exhausted his administrative remedy concerning reconsideration for promotion under 1997, 1998 and 1999 criteria by requesting promotion reconsideration directly to the Office of Promotions.

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 duly constituted SSB’s as deemed appropriate for promotion consideration for major.

2.  That if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefor, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.

3.  That if the applicant has been separated, his record be further corrected to show:

	a.  that his discharge or transfer to the Retired Reserve, as applicable, 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 discharge or transfer to the Retired Reserve to the date of his return to the active Reserve;

	b.  that an adequate explanation be placed in his records to show that the gap in his officer evaluation reports, from the dates of his now-voided discharge or transfer to the Retired Reserve to the date of return to active Reserve status, 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 discharge or transfer be expunged from his records.

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

5.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_fne____  _mhm____  _bje____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

 
INDEX

CASE ID	AR2001063231	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.