PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           13 March 2003                  
	DOCKET NUMBER:   AR2002078565

	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. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John A. Kelley		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 request, in effect, promotion consideration by a standby advisory board (STAB) to the rank of chief warrant officer five under the 2002 criteria.

3.  The applicant states that because of his incorrect mandatory removal date (MRD) he was not placed on the list before the 2002 promotion board.  In support of his application he submits a copy of a letter notifying him of correction to his MRD.

4.  The applicant’s military records show his date of birth as 3 March 1942.

5.  He was appointed in the Reserve as a warrant officer one effective 9 June 1979.  He attained the rank of chief warrant officer four effective 9 June 1995.

6.  On 6 November 2001, the Chief, 99th Regional Support Team, Army Reserve Personnel Command advised the applicant that an administrative error had been made regarding his MRD.  A recomputation of his maximum authorized years of service determined his correct MRD as 3 March 2004.  His records have been updated to reflect this change.

7.  Based on this corrective action the Office of Reserve Promotions determined that the applicant was erroneously omitted from promotion consideration to chief warrant officer five and it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to chief warrant officer five by a STAB under 2002 criteria.  

8.  Current promotion policy specifies that promotion reconsideration for warrant officers 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 chief warrant officer five by the 2002 promotion board 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 a duly constituted STAB as deemed appropriate for promotion consideration for chief warrant officer five under 2002 criteria.
2.  If the applicant is selected, his records should be further corrected by showing he was promoted to the next higher grade on his date of eligibility as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.   If the applicant is not selected, he should be so notified.

BOARD VOTE:  

__TAP__  _RWA___  _JAK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Thomas A. Pagan
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002078565	
SUFFIX		
RECON		
DATE BOARDED	20030313	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.03	
3.		
4.		
5.		
6.