RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                  27 OCTOBER 2005
      DOCKET NUMBER:              AR20040010519


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Allen Raub                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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:

1.  The applicant requests, in effect, that the Board direct the Department
of the Army to implement the Board’s previous decision to move a letter of
reprimand (LOR) and an officer evaluation report (OER) to the restricted
fiche of her Official Military Personnel File (OMPF) and that she be
granted promotion reconsideration to the rank of lieutenant colonel (LTC)
by the 2002, 2003, and 2004 promotion selection boards.

2.  The applicant states, in effect, that the Board previously directed in
1997 that a LOR dated 25 March 1992 and an OER covering the period from 2
March 1991 to 1 March 1992 should be moved to the restricted fiche of her
OMPF.  However, the action was not accomplished and the 2002, 2003 and 2004
LTC viewed those documents and did not select her for promotion.

3.  The applicant provides a copy of the previous Board decision (AC96-
09608) dated 19 March 1997, a copy of the document prepared to replace the
OER and a listing of documents contained in her OMPF.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests essentially the same as the applicant.

2.  Counsel states essentially the same as the applicant.

3.  Counsel provides no additional documents with the application.

CONSIDERATION OF EVIDENCE:

1.  She was commissioned as a United States Army Reserve (USAR) second
lieutenant on 22 May 1985 and entered active duty as an aviation officer on
30 September 1987.  She was promoted to the rank of captain on 1 May 1991
and to the rank of major on 1 March 1998.

2.  On 20 May 1993, a Department of the Army Active Duty Board determined
that the applicant should be retained on active duty.

3.  On 19 March 1997, the Board granted the applicant’s request to move a
LOR dated 25 March 1992 and an OER covering the period from 2 March 1991 to
1 March 1992 to the restricted fiche of her OMPF.

4.  The applicant was considered for promotion to LTC by selection boards
convened in 2002 (below the zone), 2003 and 2004.  She was non-selected by
those boards and was selected for Selective Continuation on Active Duty in
2004, which allows her to serve on active duty until she reaches 24 years
of Active Commissioned Service.

5.  In the processing of this case a staff advisory opinion was obtained
from the Human Resources Command – Alexandria which opines that the
offending OER and LOR were viewed by the 2003 and 2004 LTC selection
boards.  Inasmuch as she was below the zone in 2002 and files are not
maintained for below the zone non-selectees, a determination could not be
made.  The advisory opinion was forwarded to the applicant for comment and
to date, no response has been received.

6.  A review of the applicant’s OMPF shows that the offending documents
have now been moved to the restricted fiche of the applicant’s OMPF.

7.  Army Regulation 600-8-29 prescribes the policies and procedures
governing promotion of Army commissioned and warrant officers on active
duty.  It provides, in pertinent part, that Special Selection Boards (SSBs)
are governed by the same instructions provided to the boards that
considered or should have considered an officer for promotion.  SSBs are
convened to consider officers who were considered from in or above the
promotion zone by a regularly scheduled board and the officer’s record
contained material administrative errors.  Officers who are considered
below the zone of consideration will not be considered by a SSB.  It also
provides that officers selected as board members will not divulge the
details of the deliberative process before, during or after the board to
outside parties.

DISCUSSION AND CONCLUSIONS:

1.  While it cannot be determined if the contested documents served as the
basis for the applicant’s nonselection for promotion to the rank of LTC,
especially since she was selected for promotion to the rank of major with
the contested documents in her file, the applicant did appeal the contested
documents and her appeal was previously approved by this Board for transfer
to the restricted portion of her OMPF.



2.  However, the decision/directive of the Board to transfer those
documents to the applicant’s restricted fiche was not accomplished in a
timely manner and the contested documents were viewed by the 2002, 2003 and
2004 promotion selection boards.

3.  While the applicable regulation does not provide for promotion
reconsideration of those officers who were considered below the zone of
consideration, the applicant is entitled to have her record considered by
SSBs using the criteria of the 2003 and 2004 LTC Selection Boards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ____AR _  ___LS___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by submitting her records, as thus corrected, to a
duly constituted special promotion selection board for promotion
reconsideration to LTC under the criteria followed by the 2003 and 2004 LTC
Promotion Selection boards and if selected, that all documents related to
her selective continuation be moved to the restricted fiche of her OMPF and
that she receive all back pay and allowances.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
promotion reconsideration by the 2002 LTC Promotion Selection Board that
considered her below the zone of consideration.



            ____Melvin Meyers__________________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010519                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |N/A AD (AC) Soldier                     |
|DATE OF DISCHARGE       |N/A AD (AC) Soldier                     |
|DISCHARGE AUTHORITY     |N/A AD (AC) Soldier                     |
|DISCHARGE REASON        |N/A AD (AC) Soldier                     |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |311/ssb                                 |
|1.131.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]