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ARMY | BCMR | CY2005 | 20050000609C070206
Original file (20050000609C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20050000609


      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 N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, promotion consideration to chief
warrant officer four (CW4) under the 2003 criteria.

2.  The applicant states that some of the records and documents that were
provided in his promotion packet were not made available to the promotion
board for review.  He provided hard copies since his records had not been
transferred from the Army National Guard to the United States Army Reserve
(USAR).

3.  The evidence stated as being submitted with the applicant's application
was not provided to the Board.

CONSIDERATION OF EVIDENCE:

1.  Based upon review of the applicant’s records by the Office of
Promotions, Reserve Components, Human Resources Command – St. Louis,
Missouri, it was determined that the applicant’s official military
personnel file (OMPF) contained material error when he was considered and
non-selected for promotion to CW4 by the 2003 and 2004 Reserve Components
Selection Boards (RCSB).  His officer evaluation reports for the periods
ending 2 March 1999 and 31 May 1998 were not seen.

2.  The applicant was separated from the USAR effective 21 December 2004,
based on his two non-selections for promotion to CW4.

3.  Current promotion policy 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 contained material error when reviewed for
promotion to CW4 by the 2003 and 2004 RCSB's 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:

___cak __  ____jns__  ____ena_  GRANT FULL RELIEF

________  ________  ________  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 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
2 March 1999 and 31 May 1998 on the OMPF of the individual concerned.

2.  That following administrative implementation of the foregoing, his
records be submitted to duly constituted SSB's as deemed appropriate for
promotion consideration for CW4 under the 2003 and the 2004 criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to CW4 on his date of eligibility, as determined by appropriate
Departmental officials, using the either the 2003 or 2004 criteria,
provided he was otherwise qualified and met all other prerequisites for
promotion.

4.  That if the applicant was selected and previously separated, his
records be further corrected to show:

      a.  that his discharge, is void, and of no force or effect, that he
was credited with qualifying service for Reserve retirement for his
respective retirement years, from the dates of his now-voided discharge to
the date of his return to the Ready Reserve;

      b.  that an adequate explanation be placed in his official personnel
file to show that the gap in his officer evaluation reports, from the date
of his now-voided discharge to the date of return to the Ready Reserve, was
not caused by any fault on his part, and to insure that he is not
prejudiced thereby in the consideration of any future personnel actions;
and

      c.  that all documents related to his now-voided non-selection for
promotion, and his discharge be expunged from his official military
records.

5.  That if not selected, the applicant be so notified.




                                  ________John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000609                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050915                                |
|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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