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ARMY | BCMR | CY2003 | 2003089098C070403
Original file (2003089098C070403.rtf) Auto-classification: Approved
         PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 July 2003
         DOCKET NUMBER: AR2003089098


         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 promotion reconsideration to chief warrant officer four (CW4).

3. The applicant states that the last officer evaluation report seen by the promotion board was for an annual training he completed in 1999. He also states that he performed annual training in 2001 and provided a certified true copy of the officer evaluation report in his promotion packet, but the board did not see it.

4. He was considered and not selected for promotion to CW4 by the 2002 RCSB.

5. He is currently assigned to the Active Guard/Reserve program.

6. 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.

7. Reserve 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 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 contained material error when reviewed for promotion to CW4 by the 2002 RCSB and should now be submitted to a duly constituted 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 showing an updated and completed record to include all officer evaluation reports 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:

_AAO___ _YM____ _JPI_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Arthur A. Omartian_____
                  CHAIRPERSON



INDEX

CASE ID AR2003089098
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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