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Decision Text

ARMY | BCMR | CY2001 | 2001060400C070421
Original file (2001060400C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 October 2001
         DOCKET NUMBER: AR2001060400


         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. Raymond J. Wagner Chairperson
Ms. Kathleen A. Newman Member
Mr. Ronald E. Blakely 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, removal of his second non-selection for promotion to captain.

3. The applicant states that he was discharged from the Reserve on 1 October 1998. He resigned his commissioned to complete his education requirements so that he could reapply and complete his career in the military. He submits his report of separation, and his memorandum of resignation in support of his request.

4. The applicant’s military records show that he was appointed in the Idaho Army National Guard (IDARNG) as a second lieutenant effective 12 May 1990.

5. He was promoted to first lieutenant effective 30 May 1993.

6. He was considered and not selected for promotion to captain by the 1997 Reserve Components Selection Board (RCSB) which convened on 12 November 1997. He was not qualified for promotion based on the lack of the required civilian education. He was notified of this non-selection on 30 July 1998.

7. A review of his records did not reveal he had completed the civilian education requirement of a Baccalaureate (BA) degree prior to the convening date of the board.

8. On 11 September 1998 he requested resignation of his commission because he was unable to complete his civilian educational requirements due to financial and family difficulties. On 14 September 1998, the appropriate authority approved his request.

9. He was honorably separated from the IDARNG and the Reserve effective 18 September 1998.

10. He was considered and not selected for promotion to captain by the 1998 RCSB which convened on 9 November 1998.

11. Current promotion policy specifies that in order to be qualified for promotion to captain, an individual must have completed 4 years of time in grade as a first lieutenant, and an officer basic course, and a BA degree on or before the convening date of the respective promotion board.

12. This policy further specifies that an officer’s name may be removed from a non-recommended list if the officer was not in an active Reserve status at the time of consideration.



CONCLUSIONS:

1. The applicant was erroneously considered for promotion to captain by the 1998 RCSB.

2. The applicant’s records clearly show he was discharged from the IDARNG and the Reserve before the promotion board convened. Based on his erroneous consideration this non-selection should now be voided.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by voiding his non-selection by the 1998 RCSB; and

b. that all documents related to his now-voided 1998 RCSB non-selection for promotion be expunged from his records.

BOARD VOTE:

_kan____ _reb____ _rjw____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Raymond J. Wagner       
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001060400
SUFFIX
RECON
DATE BOARDED 20011025
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.01
2. 131.10
3.
4.
5.
6.


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