PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:             26 August 2003                  
	DOCKET NUMBER:    AR2002083231

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster		Member	
	Ms. Marla J. Troup		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, that his 30 June 2000 Academic Evaluation Report (AER) be added to his Official Military Personnel File (OMPF).  

3.  The applicant states, in effect, that he was not selected for promotion to chief warrant officer four (CW4) because his AER (DA Form 1059), which showed his completion of the warrant officer advance course (WOAC) was not recorded in his record.  In support of his application, he provides a copy of the AER in question.  

4.  The applicant’s military records show that as of the date of his application to the Board, he was still serving as a chief warrant officer three (CW3) in the United States Army Reserve (USAR).  A DA Form 1059 on file confirms that he achieved the course standards and successfully completed the Food Service Technician WOAC on 30 June 2000.  

5.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components (RC), U.S. Total Army Personnel Command (PERSCOM), 
St. Louis, Missouri.  This opinion confirmed that based on the facts of the applicant’s case, he is eligible for promotion reconsideration by a Department of the Army (DA) Reserve Component (RC) Promotion Advisory Board (PAB), and that the case would be forwarded to this Board for approval.  On 23 June 2003, the applicant concurred with the contents of this advisory opinion.  

6.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the (USAR).  Paragraph 3-5 states, in pertinent part, that promotion advisory board/special selection boards will be convened to reconsider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error.  

7.  Paragraph 3-19 of the RC promotion regulation provides guidance on convening promotion advisory boards.  It states, in pertinent part, that officers and warrant officers who have either failed selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his 30 June 2000 AER should be added to his record, and it finds this claim has merit.  The evidence of record confirms that he completed the WOAC on 30 June 2000.  Therefore, he satisfied the military education requirement for promotion to CW4 as of that date.  Thus, the Board concludes that it would be appropriate to add the 30 June 2000 
DA Form 1029 to his OMPF at this time.  

2.  The Board also finds that it would appropriate to place the applicant’s corrected record, with the AER in question on file, before a RC PAB for reconsideration for promotion to CW4 under the criteria of any Promotion Selection Board for which he was eligible on or after 30 June 2000. 

3.  In the event the applicant is selected for promotion to CW4 by a RC PAB, the Board concludes that the effective date of his promotion and date of rank for CW4 should be established as if he had been originally selected by the applicable promotion board, and he should be provided all back pay and allowances due as a result.  

4.  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 placing all of the missing records of the individual concerned on his Official Military Personnel File.  

2.  That following the administrative implementation of the foregoing, his records be submitted to a duly constituted Special Selection Board under the criteria followed by any Reserve Component Selection Board for which he was eligible that was held on or after 30 June 2000.  

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

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

BOARD VOTE:  

__RJW__  __MT__  __RLD __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner
		   CHAIRPERSON

INDEX

CASE ID	AR2002083231	
SUFFIX		
RECON		
DATE BOARDED	2003/07/DD	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1043	131.1100	
2.  8	100.0700	
3.		
4.		
5.		
6.