| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Joann H. Langston | Chairperson | ||
| Mr. John T. Meixell | Member | ||
| Ms. Regan K. Smith | Member |
2. The applicant requests, in effect, promotion reconsideration to lieutenant colonel under 1995 criteria.
3. The applicant states that his date of rank was listed as 1990 and should have been 3 October 1989. The correction to the proper date of rank would have allowed his records to be submitted to the 1995 mandatory promotion board. In support of his application, he submits a copy of a letter from the Office of Promotions, Reserve Components (RC), Total Army Personnel Command (PERSCOM), St. Louis, Missouri, dated 18 December 2001.
4. On 18 December 2001, the PERSCOM, St. Louis, Chief, Special Actions Branch, RC Promotions Branch, advised the applicant that it was determined that based on his selection by a promotion advisory board under the 1991 criteria, his date of rank was incorrectly entered in their database. His correct date of rank to major was 3 October 1989, which put him in the zone for consideration for promotion to lieutenant colonel during the 1995 mandatory promotion board. The applicant was further advised to apply to this Board if he wished to be considered for promotion to lieutenant colonel by a promotion advisory board under the 1995 criteria.
5. The review of the applicant’s records by the RC Office of Promotions, PERSCOM, St. Louis, resulted in a determination that the applicant is eligible for consideration for promotion to lieutenant colonel by a Special Selection Board (SSB) using the 1995 criteria.
6. Current promotion policy specifies that promotion reconsideration by a SSB may only be based on erroneous non-consideration or material error that existed in the record at the time of consideration.
CONCLUSIONS:
1. As a result in an error in the applicant’s major date of rank, he was erroneously omitted from promotion consideration by the 1995 promotion selection board. Thus, the Board concludes it would be appropriate at this time to submit his records to a SSB for promotion consideration to lieutenant colonel under the 1995 criteria.
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 SSB as deemed appropriate for promotion consideration for lieutenant colonel under 1995 criteria.
2. That if selected for promotion by the SSB, his records be further corrected by showing that he was promoted to lieutenant colonel on his date of eligibility as determined by appropriate Department officials using the 1995 criteria, provided he is otherwise qualified and meets all other prerequisites for promotion.
3. That if the applicant was selected and previously separated, his records be further corrected to show:
a. that his transfer to the Retired Reserve 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 transfer to the Retired Reserve to the date of his return to the Ready 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 transfer to the Retired Reserve to the date of return to the Ready Reserve, 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 transfer to the Retired Reserve be expunged from his official military records.
5. That if not selected, the applicant be so notified.
BOARD VOTE:
__RKS___ _JTM___ _JHL___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Joann H. Langston ___
CHAIRPERSON
| CASE ID | AR2002083184 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030717 |
| 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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