RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 July 2005
      DOCKET NUMBER:  AR20050000096


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      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 reconsideration of his earlier request for
promotion reconsideration to colonel by a special selection board (SSB).

2.  The applicant states that he has had the missing officer evaluation
reports (OERs) profiled as required by the original Record of Proceedings.

3.  The applicant provides a 14 December 2004 letter from the U. S. Army
Human Resources Command – St. Louis (USAHRC – STL); his OER for the period
1 July 1992 through 1 May 1993 with a related affidavit; his OER for the
period 2 May 1993 through 8 January 1994; a sworn statement dated 6 October
2004; a sworn statement dated 7 October 2004; and the original Record of
Proceedings.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004102964 on 26 October 2004.

2.  The applicant was appointed a second lieutenant in the U. S. Army
Reserve effective 4 June 1967.  After serving on active duty for over three
years, he was released to the U. S. Army Reserve effective 1 January 1974.
He was promoted to lieutenant colonel effective 3 June 1988.

3.  The applicant was considered but not selected for promotion to colonel
by    the 1992 Reserve Components Selection Board (RCSB) that convened on
     21 July 1992, the 1993 RCSB that convened on 20 July 1993, and the
1994 RCSB that convened on 19 July 1994.

4.  The applicant requested promotion consideration to colonel by an SSB on
     31 May 1994 and on 13 July 1994.  The Office of Promotions, Reserve
Components, USAHRC - STL determined that his records contained material
error when they were considered by the 1993 and 1994 RCSBs.  (On 18 July
2005, that office informed the Board analyst that he was given the SSBs
because his records were missing the 1 May 1993 OER).  He was considered
but not selected for promotion to colonel under the 1993 criteria by an SSB
that convened on 14 October 1995 and under the 1994 criteria by an SSB that
convened on 4 April 1995.

5.  The applicant was transferred to the Retired Reserve effective 3 July
1995.
6.  In the processing of the applicant's original case, the Chief, Special
Actions Branch, Office of Promotions, Reserve Components, USAHRC - STL
advised the Army Review Board Agency – St. Louis that the applicant had a
basis for consideration by an SSB because the OERs ending 1 May 1993 and 8
January 1994 were not seen by the promotion boards.  However, the profiled
OERs could not be located.

7.  The applicant subsequently provided the OERs for the periods ending 1
May 1993 and 8 January 1994 to USAHRC – STL and they were profiled.

8.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  The version in effect at the time specified
that promotion reconsideration by a promotion advisory board (known as SSBs
subsequent to the enactment of the Reserve Officer Personnel Management Act
(ROPMA) in 1996) could only be based on erroneous non-consideration or
material error which existed in the records at the time of consideration.
Material error in that context was one or more errors of such a nature
that, in the judgment of the reviewing official (or body), it caused an
individual’s non-selection by a promotion board and that had such error(s)
been corrected at the time the individual was considered, a reasonable
chance would have resulted that the individual would have been recommended
for promotion.  The regulation also provided that boards were not required
to divulge the proceedings or the reason(s) for non-selection, except where
an individual was not qualified due to non-completion of required military
schooling.

DISCUSSION AND CONCLUSIONS:

1.  In the processing of the applicant's original case, the Chief, Special
Actions Branch, Office of Promotions, Reserve Components, USAHRC - STL
advised the Army Review Board Agency – St. Louis that the applicant had a
basis for consideration by an SSB [under the 1993 and 1994 criteria]
because the OERs ending 1 May 1993 and 8 January 1994 were not seen by the
promotion boards. However, the profiled OERs could not be located.  This
appears to contradict, in part, the information provided to the Board
analyst on 18 July 2005 that the applicant was reconsidered for promotion
by the SSBs in 1995 due to the missing 1 May 1993 OER.

2.  Nevertheless, both the applicant's 1 May 1993 and the 8 January 1994
OERs have now been profiled.  The advisory opinion noted that the applicant
had a basis for consideration by an SSB because these OERs were not seen by
the promotion boards.  To resolve any doubts, it would be appropriate to
grant the applicant reconsideration for promotion to colonel based upon the
1993 and the 1994 criteria.
BOARD VOTE:

__tsk___  __jtm___  __lf____  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
amendment of the ABCMR’s decision in Docket Number AR2004102964 dated 26
October 2004.  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 Special Selection Boards for reconsideration
for promotion to colonel under the 1993 and 1994 criteria with the profiled
OERs for the periods ending 1 May 1993 and 8 January 1994 available for
review by the appropriate board(s).




            __Ted S. Kanamine_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000096                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050719                                |
|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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