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ARMY | BCMR | CY2004 | 2004100657C070208
Original file (2004100657C070208.doc) Auto-classification: Approved





                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  8 July 2004
      DOCKET NUMBER:  AR2004100657


      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. Kathleen Newman               |     |Chairperson          |
|     |Ms. Gail Wire                     |     |Member               |
|     |Mr. William Powers                |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, promotion reconsideration to chief
warrant officer four (CW4).

2.  The applicant states that his Officer Evaluation Reports for the past
3 years were not forwarded through channels by his former unit to be placed
in his official military personnel file (OMPF).  He also states that his
promotion packet and letter to the President of the promotion board were
mailed and never received by the board.

3.  The applicant provides no documentation with his application.

CONSIDERATION OF EVIDENCE:

1.  Based upon review of the applicant’s records by the Office of
Promotions, Reserve Components, Army Human Resources Command – St. Louis,
it was determined that the applicant’s OMPF contained material error when
he was considered and non-selected for promotion to CW4 by the 2003 Reserve
Components Selection Board.  His Officer Evaluation Reports for the periods
ending 30 June 2000, 30 June 2001, 30 June 2002, and 23 January 2003 were
not seen.

2.  Current promotion policy specifies that promotion reconsideration by a
special selection board may only be based on erroneous non-consideration or
material error that existed in the record at the time of consideration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contained material error when reviewed for
promotion to CW4 by the 2003 Reserve Components Selection Board and should
now be submitted for appropriate special selection board consideration for
this purpose.

2.  In view of the foregoing findings and conclusions, it would be
appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

__kn___  ___gw___  ___wp___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 placing the Officer Evaluation Reports for the periods ending
30 June 2000, 30 June 2001, 30 June 2002, and 23 January 2003 on the OMPF
of the individual concerned.

2.  That following administrative implementation of the foregoing, his
records be submitted to a duly constituted special selection board under
the 2003 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.




            ___Kathleen Newman__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100657                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040708                                |
|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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