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ARMY | BCMR | CY2002 | 2002082022C070215
Original file (2002082022C070215.rtf) Auto-classification: Approved
         PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2002082022


         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. John P. Infante Member
Ms. Yolanda Maldonado 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 five (CW5) under 2002 criteria.

3. The applicant states, in effect, that he was not considered for promotion by the 2002 promotion board. He also states that he met the time in grade and education requirements.

4. 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 CW5 by a Standby Advisory Board (STAB) under 2002 criteria.

5. Reserve 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 of a commissioned warrant officer at the time of consideration. A STAB is required for reconsideration for 1 October 1996 and later. It further specifies that promotion reconsideration by a STAB may only be based upon ABCMR determination approved by the Secretary of the Army.

CONCLUSIONS:

1. The applicant’s records were erroneously not considered for promotion to CW5 by the 2002 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 submitting the records of the individual concerned to a duly constituted STAB as deemed appropriate for promotion consideration for CW5 under 2002 criteria.

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 not selected, the applicant be so notified.

BOARD VOTE:

_AAO____ _YM____ __JPI___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Arthur A. Omartian______
                  CHAIRPERSON




INDEX

CASE ID AR2002082022
SUFFIX
RECON
DATE BOARDED 20030724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.00
2. 131.10
3.
4.
5.
6.


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