Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003086344C070212
Original file (2003086344C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 June 2003
         DOCKET NUMBER: AR2003086344


         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 captain.

3. The applicant states that when his record was reviewed for promotion it did not contain his civilian and military education.

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 1993 Reserve Components Selection Board (RCSB).

5. He was discharged effective 31 December 1996, based on his twice non-selection for promotion to captain and assigned to the Retired Reserve.

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 with the absence of his civilian and military education when reviewed for promotion to captain by the 1993 RCSB 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 all of the civilian and military education 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 1993 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 the applicant was selected but previously separated, his records be further corrected to show:

         a. that his 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 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 by the 1993 RCSB, 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
:

_LF_____ _WTM___ _LE____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Walter T. Morrison___
                  CHAIRPERSON




INDEX

CASE ID AR2003086344
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.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003086380C070212

    Original file (2003086380C070212.rtf) Auto-classification: Approved

    Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, PERSCOM, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected for promotion to CW4 by the 2002 RCSB. 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...

  • ARMY | BCMR | CY2002 | 2002078620C070215

    Original file (2002078620C070215.rtf) Auto-classification: Approved

    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. Based upon a review of the case by an official of the PERSCOM, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and not selected for promotion by the Reserve Components Selection Boards (RCSBs) convening November to December in 1995,...

  • ARMY | BCMR | CY2002 | 2002078016C070215

    Original file (2002078016C070215.rtf) Auto-classification: Approved

    He also states he submitted various education and service documents to support his records. 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). c. that all documents related to his now-voided non-selection for promotion, and his discharge or transfer be expunged...

  • ARMY | BCMR | CY2003 | 2003089113C070403

    Original file (2003089113C070403.rtf) Auto-classification: Approved

    Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected for promotion to CW4 by the 2002 RCSB. A STAB is required for reconsideration for 1 October 1996 and later. That if selected his records be further corrected by showing he was promoted to the next higher grade on his date of...

  • ARMY | BCMR | CY2003 | 2003083549C070212

    Original file (2003083549C070212.rtf) Auto-classification: Approved

    Effective 29 August 2003, the applicant was discharged from the USAR based on his nonselections for promotion. The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board. BOARD DETERMINATION/RECOMMENDATION:

  • ARMY | BCMR | CY2003 | 2003087567C070212

    Original file (2003087567C070212.rtf) Auto-classification: Approved

    The applicant states that he was passed over for the education requirement on his 2001 captain board and disallowed a special selection board (SSB), despite being educationally qualified at the time of the board. The Board concludes that it would be unjust to deny the applicant promotion reconsideration based on the technicality that his degree was not formally conferred prior to the convening date of the 2001 promotion board given he had completed all the academic requirements for a BS...

  • ARMY | BCMR | CY2002 | 2002075907C070403

    Original file (2002075907C070403.rtf) Auto-classification: Approved

    The applicant’s military records show that he was erroneously not considered for promotion to major by the 1995, 1996, 1997 and 1998 Reserve Components Selection Boards (RCSB’s). He was also advised he may be considered by a special selection board (SSB) without the OER but he must submit a memorandum to the Office of Promotions stating so for consideration. On 31 May 2002, the applicant advised the ABCMR and the Office of Promotions, that he had exhausted all avenues to recover the OER...

  • ARMY | BCMR | CY2003 | 2003089108C070403

    Original file (2003089108C070403.rtf) Auto-classification: Approved

    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. Based upon review of the applicant’s records by the Office of Promotions, Reserve Components, Total Army Personnel Command, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and non-selected for promotion to CW4 by the 2001 RCSB. A...

  • ARMY | BCMR | CY2002 | 2002072419C070403

    Original file (2002072419C070403.rtf) Auto-classification: Approved

    The applicant states that the only information submitted to the 2001 selection board were two officer evaluation reports (OER's). Based upon review by the Office of Promotions, Reserve Components, Total Army Personnel Command, the applicant’s official military personnel file (OMPF) contained a material error of missing documents when he was considered and non-selected by the 2001 CW3 Reserve Components Selection Board (RCSB). c. that all documents related to his now-voided non-selection...

  • ARMY | BCMR | CY2003 | 2003083692C070212

    Original file (2003083692C070212.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. On 16 September 2002, he requested promotion reconsideration to major by an SSB under 2002 criteria based on material error, missing OER’s. On 12 November 2002, the Chief, Office of Promotions, Reserve Components, Total Army Personnel Command, advised the applicant that a review of his record that was considered by the 2002 RCSB...