| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. John T. Meixell | Member |
2. The applicant requests promotion consideration to captain under 1996 criteria.
3. The applicant states that there were material errors in his promotion package. He was advised after his 15 November 1999 discharge that he could appeal his non-selection. He also states that it took more than 2 years to get the District of Columbia Army National Guard (ARNG) and the Massachusetts (MA) ARNG to forward all of his pertinent military documentation to the National Guard Bureau to be entered into his microfiche. He also states he submitted various education and service documents to support his records.
4. He is currently a staff sergeant in the MA ARNG.
5. 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).
6. Current promotion policy specifies that promotion reconsideration by a standby advisory board (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 1996 captain RCSB and should now be submitted for appropriate STAB consideration for reconsideration.
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 STAB’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 his previous 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.
5. 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
| CASE ID | AR2002078016 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020905 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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