PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 July 2003                  
	DOCKET NUMBER:   AR2002082022

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Yolanda Maldonado		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 chief warrant officer five (CW5) under 2002 criteria.  

3.  The applicant states, in effect, that he was not considered for promotion by the 2002 promotion board.  He also states that he met the time in grade and education requirements.

4.  Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined the applicant was erroneously not considered and is eligible for consideration for promotion to CW5 by a Standby Advisory Board (STAB) under 2002 criteria.

5.  Reserve 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 of a commissioned warrant officer at the time of consideration.  A STAB is required for reconsideration for 1 October 1996 and later.  It further specifies that promotion reconsideration by a STAB may only be based upon ABCMR determination approved by the Secretary of the Army.  

CONCLUSIONS:

1.  The applicant’s records were erroneously not considered for promotion to CW5 by the 2002 RCSB and should now be submitted for appropriate STAB consideration for this purpose.

2.  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 submitting the records of the individual concerned to a duly constituted STAB as deemed appropriate for promotion consideration for CW5 under 2002 criteria.

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 not selected, the applicant be so notified.

BOARD VOTE:  

_AAO____  _YM____  __JPI___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      Arthur A. Omartian______
		        CHAIRPERSON

INDEX

CASE ID	AR2002082022	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.10	
3.		
4.		
5.		
6.