PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             5 November 2002                 
	DOCKET NUMBER:    AR2002074876

	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. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. John T. Meixell		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 colonel under 1994 and 1995 criteria.  He submits a letter dated 30 January 1997 from the Office of Promotions, Reserve Components, Total Army Personnel Command informing him that his record was omitted from the 1994 and 1995 Reserve Components Selections Boards; therefore, he has a basis for consideration under 1994 and 1995 criteria by a Standby Advisory Board (STAB), and a copy of his records in support of his application.

3.  The applicant’s military records show that he was appointed in the Reserve from the Reserve Officers Training Corps, as a second lieutenant effective 5 August 1971.  

4.  He attained the rank of lieutenant colonel effective 12 August 1990.

5.  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 colonel by a STAB under 1994 and 1995 criteria.  

6.  He was erroneously not considered for promotion to colonel by the 1994 and 1995 Reserve Components Selection Boards.

7.  Current promotion policy specifies that promotion reconsideration by a STAB 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 colonel by the 1994 and 1995 promotion boards and should now be submitted for appropriate STAB 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 as deemed appropriate for promotion consideration for colonel.

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 not selected, the applicant be so notified.

BOARD VOTE:  

_JTM___  _MHM___  _ETM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Melvin H. Meyer
		______________________
		        CHAIRPERSON

CASE ID	AR2002074876	
SUFFIX		
RECON		
DATE BOARDED	20021105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
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