PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           10 September 2002                  
	DOCKET NUMBER:   AR2002075907

	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. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 reconsideration of his earlier request for promotion consideration to major.

3.  The applicant states that he has exhausted all avenues to recover an officer evaluation report (OER) for the period 29 April through 31 July 1993.  Therefore, he desires that his packet for reconsideration be forwarded for consideration without the referenced document.

4.  The applicant’s military records show that he was erroneously not considered for promotion to major by the 1995, 1996, 1997 and 1998 Reserve Components Selection Boards (RCSB’s).

5.  He was considered and not selected for promotion to major by the 1999 and 2000 RCSB’s.

6.  On 22 August 2001, the Promotions and Notifications Branch, Office of Promotions, Total Army Personnel Command, advised the applicant that due to information that reflects that his records were omitted from the promotion boards for 1995, 1996, 1997 and 1998, he must request promotion consideration to major to the Army Board for Correction of Military Records (ABCMR).

7.  On 4 April 2002, the ABCMR denied his request for promotion consideration at that time (AR2001063917).  The applicant was advised that an OER for the period ending 31 July 1993 was not seen by the 1999 and 2000 RCSB’s and his microfiche from active duty did not reveal a report for this period.  He was also advised he may be considered by a special selection board (SSB) without the OER but he must submit a memorandum to the Office of Promotions stating so for consideration.   

8.  On 31 May 2002, the applicant advised the ABCMR and the Office of Promotions, that he had exhausted all avenues to recover the OER for the period ending 31 July 1993; therefore, he desires his packet for reconsideration be forwarded for consideration without the referenced document.

9.  Based upon review of the applicant’s records by the Office of Promotions, it was determined that the applicant was erroneously not considered and is eligible for consideration for promotion to major by an SSB.

10.  Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) or an SSB 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 major by the 1995, 1996, 1997 and 1998 RCSB’s and should now be submitted for appropriate STAB and SSB consideration for this purpose.

2.  In view of the foregoing, the applicant’s records should be corrected 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 STAB’s and 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 therefore, 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 was selected and previously separated, his records 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 official personnel files 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 now-voided non-selection for promotion, and his discharge or transfer be expunged from his official military records.

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

BOARD VOTE:  

_FNE___  _WDB____  _BJE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002075907	
SUFFIX		
RECON		
DATE BOARDED	20020910	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.