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Decision Text

ARMY | BCMR | CY2003 | 2003090455C070212
Original file (2003090455C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2004
         DOCKET NUMBER: AR2003090455


         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. Luther L. Santiful Chairperson
Mr. Thomas E. O’Shaughnessy Member
Mr. Lester Echols 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 three (CW3) under 2002 criteria due to material error.

3. The applicant states that he should have been selected for promotion to CW3 as there was no adverse or unfavorable information in his official military personnel file (OMPF) and he met all the fully qualified criteria to be selected for promotion.

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 CW3 by the 2002 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 an updated record 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
:

__ls___ ___to_____ ___le____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Luther L. Santifu;____
                  CHAIRPERSON




INDEX

CASE ID AR2003090455
SUFFIX
RECON
DATE BOARDED 20040325
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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