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Decision Text

ARMY | BCMR | CY2002 | 2002072419C070403
Original file (2002072419C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 5 September 2002
         DOCKET NUMBER: AR2002072419


         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. Celia L. Adolphi Chairperson
Mr. Melvin H. Meyer Member
Mr. John T. Meixell 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 promotion consideration to chief warrant officer three (CW3).

3. The applicant states that the only information submitted to the 2001 selection board were two officer evaluation reports (OER's). These OER's were the only items in his microfiche. He states he submits copies of OER’s, college diploma and an academic evaluation report.

4. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained a material error of missing documents when he was considered and non-selected by the 2001 CW3 Reserve Components Selection Board (RCSB).

5. Current 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 at the time of consideration.

CONCLUSIONS:

1. The applicant’s records contained material error when reviewed by the 2001 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 showing the entire record of the individual concerned on his OMPF.

2. That following administrative implementation of the foregoing, his records be submitted to duly constituted SSB’s as appropriate.

3. That if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefor, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.

4. That if the applicant was selected and separated because of previous his non-selection, his records 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 dates 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 official personnel files to show that the gap in his officer evaluation reports, from the dates of his now-voided discharge 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 now-voided non-selection for promotion, and his discharge or transfer be expunged from his official military records.

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

BOARD VOTE:

_mhm____ _jtm____ _cla____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Celia L. Adolphi
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002078015
SUFFIX
RECON
DATE BOARDED 20020905
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131
2.
3.
4.
5.
6.


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