RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 May 2004
DOCKET NUMBER: AR2004100728
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. John Slone | |Chairperson |
| |Mr. Robert Osborn | |Member |
| |Mr. Fred Eichorn | |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 consideration for captain.
2. The applicant states that he was in the zone for promotion from 1992
through 2001, but was inadvertently omitted for promotion by those
selection boards. He also states that he was not informed that he was in
the zone for promotion consideration to captain until 2000 after he
initiated a correction to a material error on the 2002 Reserve Components
Selection Board. Therefore, he is correcting the problem at the most
earliest time.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was appointed in the
United States Army Reserve (USAR) as a second lieutenant effective 28
February 1986.
2. He was promoted to first lieutenant effective 27 February 1989. Based
on the required 4 years time in grade, in effect at the time, the
applicant's promotion eligibility date for promotion to captain was 26
February 1993.
3. The Office of Promotions, Reserve Components, Army Human Resources
Command (AHRC) – St. Louis, Missouri, database system indicates that the
applicant was reassigned from a USAR troop program unit (TPU) to the
Individual Ready Reserve (IRR) in 1992. He was reassigned from the IRR to
a TPU in 2002.
4. In October 2003, the applicant requested promotion consideration to
captain based on the fact that he was in the zone for promotion from 1992
through 2001, but was inadvertently omitted from consideration by those
selection boards.
5. Based upon review of the applicant’s records by the Office of
Promotions, Reserve Components, AHRC – St. Louis, Missouri, it was
determined the applicant was erroneously not considered and is eligible for
consideration for promotion to captain by a Special Selection Board (SSB)
under the1992 through 2001 criteria as an omit.
6. Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers. This regulation specifies that promotion
consideration/reconsideration by a SSB 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 were erroneously not considered for promotion
to captain by the 1992 through 2001 Reserve Components Selection Boards and
should now be submitted for appropriate SSB 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:
__js___ ___ro___ __fe____ 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 submitting his records to duly constituted SSB's as deemed
appropriate for promotion consideration for captain under the 1992 through
2001 criteria.
2. 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.
3. That if not selected, the applicant be so notified.
____John Slone___
CHAIRPERSON
INDEX
|CASE ID |AR2004100728 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040520 |
|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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