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ARMY | BCMR | CY2003 | 2003083608C070212
Original file (2003083608C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2003083608


         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. Walter T. Morrison Chairperson
Mr. Lester Echols Member
Mr. Lawrence Foster 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 promotion reconsideration to chief warrant officer four.

3. The applicant states that due to no fault of his own, his officer evaluation report dated 10 April 2002 was not included in his promotion packet. The officer evaluation report previous to this one was 7 years old. He believes he may have been selected had this officer evaluation report been included in his promotion packet.

4. 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 2002 Reserve Components Selection Board (RCSB).

5. 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 for promotion to chief warrant officer four by the 2002 RCSB due to the missing officer evaluation report and should now be submitted to a STAB for promotion 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 placing the contested officer evaluation report of the individual concerned on his OMPF.

2. That following administrative implementation of the foregoing, his records be submitted to a duly constituted STAB under 2002 criteria, 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 therefore, 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 not selected, the applicant be so notified.

BOARD VOTE:

__LF___ _WTM____ _LE____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Walter T. Morrison_____
                  CHAIRPERSON




INDEX

CASE ID AR2003083608
SUFFIX
RECON
DATE BOARDED 20030626
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.00
2. 131.01
3.
4.
5.
6.


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