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ARMY | BCMR | CY2003 | 2003087245C070212
Original file (2003087245C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 September 2003
         DOCKET NUMBER: AR2003087245


         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:

Ms. Jennifer L. Prater Chairperson
Mr. Arthur A. Omartian Member
Mr. Patrick H. McGann, Jr. 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 removal of his non-selection for promotion to lieutenant colonel in 2000 and a promotion memorandum showing an incorrect date of rank from his official military personnel file (OMPF).

3. The applicant states he was originally not selected for promotion, but 6 months later he was reconsidered and promoted to lieutenant colonel. All pay and allowances to reflect a correct date of rank have been paid to him. However, his Memorandum of Notification of Non-Selection and the promotion memorandum with an incorrect date of rank are still in his OMPF. Only his correct notification of promotion should remain in his records. He also states that he will be eligible for the colonel promotion board this year, so it is imperative that all erroneous documents be expunged from his OMPF. In support of his request he submits copies of the contested memorandums and his corrected promotion memorandum.

4. The applicant’s military records show that at the time of his first non-selection for promotion to lieutenant colonel by the 2000 Reserve Components Selection Board (RCSB), he was serving as a major assigned to the Individual Ready Reserve.

5. He was considered and selected for promotion to lieutenant colonel by the 2001 RCSB.

6. In March 2001, he was issued a promotion memorandum showing his promotion effective date and date of rank as 8 February 2001.

7. The Office of Promotions, Reserve Components, verified that a special selection board (SB), which convened in April 2001 reconsidered and selected the applicant for promotion to lieutenant colonel under 1999 criteria.

8. He was issued a promotion memorandum dated 26 December 2001 showing his promotion effective date and date of rank for lieutenant colonel as 12 April 2000.

9. His Memorandum of Notification of Non-Selection and the 23 March 2001 promotion memorandum with an incorrect date of rank appear on his OMPF.

CONCLUSIONS:

1. In view of the circumstances in this case, the applicant is entitled to removal of his 2000 non-selection memorandum and his promotion memorandum dated 23 March 2001 from his records.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by removing the promotion non-selection memorandum dated 9 May 2000 and the promotion selection memorandum dated 23 March 2001 from his OMPF.

BOARD VOTE:

__jlp____ _aao____ __phm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Jennifer L. Prater___
                  CHAIRPERSON




INDEX

CASE ID AR2003087245
SUFFIX
RECON
DATE BOARDED 20030923
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 131.00
2. 131.02
3. 131.10
4.
5.
6.


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