Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002074876C070403
Original file (2002074876C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 November 2002
         DOCKET NUMBER: AR2002074876


         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. Melvin H. Meyer Chairperson
Mr. Eric N. Andersen 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, in effect, promotion consideration to colonel under 1994 and 1995 criteria. He submits a letter dated 30 January 1997 from the Office of Promotions, Reserve Components, Total Army Personnel Command informing him that his record was omitted from the 1994 and 1995 Reserve Components Selections Boards; therefore, he has a basis for consideration under 1994 and 1995 criteria by a Standby Advisory Board (STAB), and a copy of his records in support of his application.

3. The applicant’s military records show that he was appointed in the Reserve from the Reserve Officers Training Corps, as a second lieutenant effective 5 August 1971.

4. He attained the rank of lieutenant colonel effective 12 August 1990.

5. 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 colonel by a STAB under 1994 and 1995 criteria.

6. He was erroneously not considered for promotion to colonel by the 1994 and 1995 Reserve Components Selection Boards.

7. 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 were erroneously not considered for promotion to colonel by the 1994 and 1995 promotion boards and should now be submitted for appropriate STAB consideration for this purpose.

2. In view of the foregoing, the applicant’s records should be corrected 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 STAB’s as deemed appropriate for promotion consideration for colonel.




2. 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.

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

BOARD VOTE:

_JTM___ _MHM___ _ETM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Melvin H. Meyer
                  ______________________
                  CHAIRPERSON





CASE ID AR2002074876
SUFFIX
RECON
DATE BOARDED 20021105
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002073123C070403

    Original file (2002073123C070403.rtf) Auto-classification: Approved

    Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board notes the applicant's contention that his DOR's for CPT and LTC should be adjusted based on his CSC awarded at appointment. Since his DOR for MAJ has been corrected to 6 June 1991, he is also eligible for promotion...

  • ARMY | BCMR | CY2002 | 2002068016C070402

    Original file (2002068016C070402.rtf) Auto-classification: Approved

    On 12 May 1994, the applicant's name appeared on promotion orders for promotion to major with a date of rank and effective date of 8 June 1994. Army Regulation 135-155 concerning promotion of Reserve officers, then in effect, specified that an active duty officer who is selected for promotion but removed from the ADL and placed in an active Reserve status prior to promotion, is not eligible for that promotion and that officer will be considered for promotion by a Reserve promotion board. ...

  • ARMY | BCMR | CY2002 | 2002066909C070402

    Original file (2002066909C070402.rtf) Auto-classification: Approved

    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 major by a special selection board (SSB) under 1994 criteria. He was erroneously not considered for promotion to major by the 1994 Reserve Components Selection Board. The applicant’s records were erroneously not considered for promotion to major by the 1994 promotion board and should...

  • ARMY | BCMR | CY2002 | 2002072156C070403

    Original file (2002072156C070403.rtf) Auto-classification: Approved

    On March 6 th , he became a troop program unit member, but was not considered for the Reserve officer promotion due to his active duty records not being transferred to the Reserve component in a timely manner to be made available to the promotion board. 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 CW3...

  • ARMY | BCMR | CY2004 | 20040009851C070208

    Original file (20040009851C070208.doc) Auto-classification: Denied

    If unable to locate a valid higher grade position, the Soldier: may request a delay of promotion up to 1 year from the date the promotion board is released, or 1 year from the Soldier's promotion eligibility date, whichever is later; may decline promotion [however, a declination serves as a first or second non-selection for promotion]; or may transfer to the IRR and be promoted as an IRR Soldier. The record shows that the applicant was promoted to 1LT on 26 May 1990, making his MTIG date...

  • ARMY | BCMR | CY2002 | 2002074564C070403

    Original file (2002074564C070403.rtf) Auto-classification: Approved

    Current promotion policy specifies that promotion reconsideration by a Standby Advisory Board (STAB) and/or Special Selection Board (SSB) may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration. The Board also notes that based on the correction to his DOR’s for captain and major and for the applicant to receive the earliest promotion consideration for lieutenant colonel, it would now be appropriate to submit his records for...

  • ARMY | BCMR | CY2002 | 2002079946C070215

    Original file (2002079946C070215.rtf) Auto-classification: Approved

    The applicant requests reconsideration of his earlier appeal to correct his military records by revoking his discharge from the United States Army Reserve (USAR); effecting his promotion to colonel (COL); and extending his mandatory removal date (MRD). He claims that five years of commissioned service was denied him between 1 April 1990 and 5 November 1995. In the opinion of the Board, had the applicant been selected for promotion to COL by the 1997 promotion board, he would have been...

  • ARMY | BCMR | CY2002 | 2002078016C070215

    Original file (2002078016C070215.rtf) Auto-classification: Approved

    He also states he submitted various education and service documents to support his records. Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected by the 1996 captain Reserve Components Selection Board (RCSB). c. that all documents related to his now-voided non-selection for promotion, and his discharge or transfer be expunged...

  • ARMY | BCMR | CY2003 | 2003087479C070212

    Original file (2003087479C070212.rtf) Auto-classification: Approved

    The applicant requests that his records be corrected to show he was reinstated on active duty in 1990; promoted to major in 1991; non-selected for promotion by the Active Component lieutenant colonel promotion board under the fiscal year (FY) 1995 criteria; requested early retirement in 1996; and placed on the Retired List 1 March 1996. He was considered but nonselected for promotion to lieutenant colonel by a Reserve Component promotion board under the selection criteria for FY 1998, FY...

  • ARMY | BCMR | CY2003 | 2003086645C070212

    Original file (2003086645C070212.rtf) Auto-classification: Approved

    The regulation also specifies that an officer shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing the years of service in grade so that, if the officer is recommended for promotion, the promotion may be effective on or before the date on which the officer will complete the required years of service. Army Regulation 135-155 further specifies that promotion reconsideration by a Standby Advisory Board (STAB) or a Special Selection...