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ARMY | BCMR | CY2002 | 2002077434C070215
Original file (2002077434C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002077434


         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
Mr. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Kenneth W. Lapin Member
Mr. Donald P. Hupman 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 reconsideration of his previous application to correct his military records by showing that his staff sergeant (SSG) date of rank (DOR) is 1 March 1997 not 1 May 1997, as determined by a previous Board.

3. The applicant states, in effect, that if his Army Physical Fitness Test (APFT) score had been properly computed, his promotion points would have exceeded the 1 March 1997, Department of the Army cutoff score for his military occupational specialty (MOS), resulting in a DOR of 1 March 1997.

4. The applicant’s 29 July 2002, submission of a request for correction of a previous Board decision is accepted as new evidence that requires Board consideration.

5. The Proceedings of the Board’s 6 June 2002 review of the case (AR2001065239) are incorporated herein by reference as if wholly set forth.

6. Previously considered was an advisory opinion from the Total Army Personnel Command, which advised that the applicant's date of rank should be corrected to 1 May 1997, however, that advice was based on the latest Promotion Point Worksheet in the applicant's official military personnel file at that time.

7. The Promotion Point Worksheet, provided by the applicant, reflects that as of 13 March 1996, he had a total of 728 points. However, if he had been given the proper number of points for his APFT score, he would have had a total of 733 promotion points, which would have exceeded the Department of the Army's 729 point cutoff score for his MOS effective 1 March 1997. A member of the staff of the Board provided a copy of the applicant's Promotion Point Worksheet to the PERSCOM for review. They concurred that the applicant met the criteria for promotion on 1 March 1997.

CONCLUSIONS:

1. After reviewing the evidence previously considered by the Board, and the new evidence the applicant has provided, the Board concludes that his total promotion points on 1 March 1997, exceeded the Department of the Army's cutoff score for his MOS. Therefore, it would be proper to correct his SSG date of rank to 1 March 1997.

2. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an injustice.




RECOMMENDATION:

a. showing that the individual concerned was promoted to the grade of staff sergeant with a DOR and effective date of 1 March 1997;

         b. paying to him any monies that may be due as a result of this correction; and

         c. making his records available to a Standby Advisory Board for promotion consideration to the grade of sergeant first class.

BOARD VOTE:

___kwl___ ___dph__ ___aao__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




_________Arthur A. Omartian___
CHAIRPERSON


INDEX

CASE ID AR2002077434
SUFFIX
RECON AR2001065239
DATE BOARDED 20020924
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1. 131.05
2.
3.
4.
5.
6.





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