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ARMY | BCMR | CY2002 | 2002066910C070402
Original file (2002066910C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2002
         DOCKET NUMBER: AR2002066910


         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. Melvin H. Meyer Member
Ms. Karen A. Heinz 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 three (CW3).

3. The applicant states that he was unable to review his records for the 2001 promotion board because of a data entry error when recording his present address in the Reserve database.

4. 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 CW3 by a special selection board (SSB) under 2001 criteria.

5. He was erroneously not considered for promotion to CW3 by the 2001 Reserve Components Selection Board.

6. Current promotion policy specifies that promotion reconsideration by an SSB 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 CW3 by the 2001 promotion board and should now be submitted for appropriate SSB 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 duly constituted SSB as deemed appropriate for promotion consideration for CW3.

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 the applicant has been separated, his record be further corrected to show:

         a. that his discharge or transfer to the Retired Reserve, as applicable, 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 date of his now-voided discharge or transfer to the Retired Reserve to the date of his return to the active Reserve;

         b. that an adequate explanation be placed in his records to show that the gap in his officer evaluation reports, from the date of his now-voided discharge or transfer to the Retired Reserve to the date of return to active Reserve status, 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 discharge or transfer be expunged from his records.

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

BOARD VOTE:

_mhm__ _aao____ _kah___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002066910
SUFFIX
RECON
DATE BOARDED 20020129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.00
2.
3.
4.
5.

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