PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           17 July 2003                  
	DOCKET NUMBER:   AR2002083184

	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:

	Ms. Joann H. Langston  		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Regan K. Smith		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 reconsideration to lieutenant colonel under 1995 criteria.

3.  The applicant states that his date of rank was listed as 1990 and should have been 3 October 1989.  The correction to the proper date of rank would have allowed his records to be submitted to the 1995 mandatory promotion board.  In support of his application, he submits a copy of a letter from the Office of Promotions, Reserve Components (RC), Total Army Personnel Command (PERSCOM), St. Louis, Missouri, dated 18 December 2001.

4.  On 18 December 2001, the PERSCOM, St. Louis, Chief, Special Actions Branch, RC Promotions Branch, advised the applicant that it was determined that based on his selection by a promotion advisory board under the 1991 criteria, his date of rank was incorrectly entered in their database.  His correct date of rank to major was 3 October 1989, which put him in the zone for consideration for promotion to lieutenant colonel during the 1995 mandatory promotion board.  The applicant was further advised to apply to this Board if he wished to be considered for promotion to lieutenant colonel by a promotion advisory board under the 1995 criteria.

5.  The review of the applicant’s records by the RC Office of Promotions, PERSCOM, St. Louis, resulted in a determination that the applicant is eligible for consideration for promotion to lieutenant colonel by a Special Selection Board (SSB) using the 1995 criteria.

6.  Current promotion policy specifies that promotion reconsideration by a SSB may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.

CONCLUSIONS:

1.  As a result in an error in the applicant’s major date of rank, he was erroneously omitted from promotion consideration by the 1995 promotion selection board.  Thus, the Board concludes it would be appropriate at this time to submit his records to a SSB for promotion consideration to lieutenant colonel under the 1995 criteria.  

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 SSB as deemed appropriate for promotion consideration for lieutenant colonel under 1995 criteria.

2.  That if selected for promotion by the SSB, his records be further corrected by showing that he was promoted to lieutenant colonel on his date of eligibility as determined by appropriate Department officials using the 1995 criteria, provided he is otherwise qualified and meets all other prerequisites for promotion.  

3.  That if the applicant was selected and previously separated, his records be further corrected to show:

	a.  that his transfer to the Retired Reserve 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 transfer to the Retired Reserve to the date of his return to the Ready 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 transfer to the Retired Reserve to the date of return to the Ready Reserve, 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, and his transfer to the Retired Reserve be expunged from his official military records.

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

BOARD VOTE:  

__RKS___  _JTM___  _JHL___   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		       Joann H. Langston ___
		        CHAIRPERSON

INDEX

CASE ID	AR2002083184	
SUFFIX		
RECON		
DATE BOARDED	20030717	
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.