RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 October 2004
      DOCKET NUMBER:  AR20040006329


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's records be reconsidered for
promotion to captain by a special selection board (SSB) under the criteria
of the November 2003 board or, as a minimum, under the criteria of the
March 2004 (sic) board.

2.  Counsel states that the applicant filed (with this Board) his request
to remove a general officer memorandum of reprimand (GOMOR) from his
performance fiche to his restricted fiche in September 2003.  It was not
until January 2004 that his request was returned without action and he was
not informed that he had to submit his request to the Department of the
Army Suitability Evaluation Board (DASEB).  He submitted his request to the
DASEB in March 2004, and the DASEB approved his request to move the GOMOR
to his restricted fiche in June 2004.  By that time, however, he had
already been nonselected by the captain promotion boards that convened in
November 2003 and March 2004.  It was through no fault of the applicant
that his request was submitted to the wrong office, thereby missing the
opportunity to have his records reviewed by the promotion boards without
having the GOMOR in his files.

3.  Counsel provides the applicant's original Board packet; a letter from
the Army Review Boards Agency dated 21 October 2003; the DASEB packet, and
DASEB's notification that it had approved the transfer of the GOMOR to the
applicant's restricted fiche.

CONSIDERATION OF EVIDENCE:

1.  After having had 5 years prior enlisted service, the applicant entered
active duty as a second lieutenant in the Transportation Corps on 18 July
2000.  He was promoted to first lieutenant on 25 January 2002.

2.  On 14 August 2002, the applicant received a GOMOR for drunk driving.
He appealed it; however, the issuing authority directed it be filed in his
performance fiche.

3.  On 13 September 2003, the applicant submitted an application to this
Board requesting the GOMOR be transferred from his performance fiche to his
restricted fiche.  By letter dated 21 October 2003, he was notified that
his application had been received.  By letter dated 13 November 2003, he
was notified that he had not exhausted all of his administrative remedies
and had to first submit his application to the DASEB.  This letter
apparently did not reach him until January 2004, evidently because he was
in Iraq.

4.  On 22 March 2004, the applicant, through counsel, submitted his request
to transfer the GOMOR to his restricted fiche to the DASEB.

5.  By letter dated 25 June 2004, the applicant was notified that the DASEB
voted to approve the transfer of the GOMOR to his restricted fiche based on
intent served and the best interest of the Army.

6.  On 6 October 2004, the Human Resources Command informed the Board
analyst that the applicant, based on his date of rank, would have first
been considered for promotion to captain by the promotion board that
convened on     5 November 2002 and recessed on 15 November 2002, the
results of which were released on 27 February 2003.  He was considered for
promotion to captain for the second time by the promotion board that
convened on 4 November 2003 and recessed on 21 November 2003, the results
of which were released on 25 March 2004.

7.  Army Regulation 600-8-29 (Officer Promotions) states, in pertinent
part, that a commissioned officer may be considered for promotion by an SSB
if the board that considered the officer from in or above the promotion
zone did not have before it some material information (SSB discretionary)
or the board that considered him acted contrary to law or made a material
error.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a GOMOR in August 2002.  The GOMOR was directed
to be filed on his performance fiche.

2.  The applicant was first considered for promotion to captain by the
promotion board that convened on 5 November 2002.  He was not selected for
promotion by that board.

3.  On 13 September 2003, the applicant submitted an application to this
Board requesting the GOMOR be transferred from his performance fiche to his
restricted fiche.  He should have submitted his request to the DASEB, as he
was informed by letter dated November 2003.

4.  The applicant was considered for promotion to captain for the second
time by the promotion board that convened on 1 November 2003 (the results
of which were released in March 2004).  He was not selected for promotion
by that board.
5.  Because the applicant was in Iraq, he did not receive the November 2003
letter until January 2004.   He subsequently submitted his request to the
DASEB in March 2004, and the DASEB approved his request to transfer the
GOMOR to his restricted fiche in June 2004.

6.  It is conceivable to believe that, had the applicant's request been
correctly sent to the DASEB in September 2003, the DASEB would have
considered his request prior to the 1 November 2003 convening of the
captain promotion board. It is also conceivable to believe that the DASEB
would have rendered the same decision, i.e., that the GOMOR should be
transferred to his restricted fiche based on intent served and the best
interest of the Army.

7.  Therefore, it would be equitable to correct the applicant's records to
show that the GOMOR was transferred to his restricted fiche prior to the 1
November 2003 convening of the captain promotion board.  It would also be
equitable to have his records reconsidered for promotion to captain by an
SSB, with the GOMOR no longer on his performance fiche, under the criteria
of the 1 November 2003 promotion board.

BOARD VOTE:

__jch___  __bpi___  __ym____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:


     a.  showing that the DASEB voted to approve the transfer of the GOMOR
to his restricted fiche based on intent served and the best interest of the
Army in time for it to be so transferred before the 1 November 2003
convening of the captain promotion board;

     b.  submitting his records to a duly constituted Special Selection
Board for reconsideration for promotion to captain under the criteria of
the 1 November 2003 captain promotion board;
     c. further correcting his records, if he is selected for promotion, by
promoting him to captain and assigning the appropriate date of rank (or by
assigning the appropriate sequence number); or

     d. notifying him accordingly if he is not selected for promotion.




            __James C. Hise_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006329                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.11                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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