PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 September 2002                  
	DOCKET NUMBER:   AR2002078620

	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. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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, reconsideration for promotion to captain in the Michigan Army National Guard.

3.  The applicant states that due to an administrative error, he was not notified of his promotion consideration.  He did not have the opportunity to review or submit a complete promotion packet for board consideration.  He also states that his date of rank was entered incorrectly on his SIDPERS (Standard Installation/Division Personnel System) worksheet and PQR (Promotion Qualification Roster) and he is also submitting a copy of his Federal recognition in support of his request.  These documents have not been received.

4.  On 11 April 2002, the applicant’s request (Application for Correction of Military Records) was forwarded by the National Guard Bureau by telefax to the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM).  Based upon a review of the case by an official of the PERSCOM, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and not selected for promotion by the Reserve Components Selection Boards (RCSBs) convening November to December in 1995, 1996 and 1997.  The 1996/F1 board was convened November to December 1995, the 1996/F2 board was convened November to December 1996, and the 1997 board was convened November to December 1997.  The PERSCOM official has, in effect, recommended approval of the applicant's request.

5.  Reserve promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) or a Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record of a commissioned officer at the time of consideration.  A STAB is required for reconsideration for 1995 and earlier criteria prior to 1 October 1996, and an SSB is required for 1 October 1996 and later.  It further specifies that promotion reconsideration by a STAB for criteria prior to the Reserve Officer Personnel Management Act (ROPMA), implemented on 1 October 1996, may only be based upon ABCMR determination approved by the Secretary of the Army.  Approval for criteria after the ROPMA by an SSB may be accomplished by the PERSCOM.

CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed for promotion to captain by the 1995 RCSB and should now be submitted to a STAB for promotion reconsideration.

2.  Promotion reconsideration under the 1996 and 1997 criteria may be taken by the PERSCOM, and will not be further addressed by the Board.

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 showing all of the records of the individual concerned on his OMPF.

2.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted STAB under 1995 criteria, as appropriate.

3.  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.

4.  That if the applicant was selected but 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 by the 1995 RCSB, and his discharge or transfer be expunged from his official military records.

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

BOARD VOTE:  

_DPH__  _JNS_____  _WDP___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002078620	
SUFFIX		
RECON		
DATE BOARDED	20020912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.