SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 April 2005
DOCKET NUMBER: AR20050004964
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated 8 February 2005 were affirmed. The following
additional findings, conclusions, and recommendations were adopted by the
Board.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 8 February 2005.
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Eric N. Andersen | |Member |
| |Ms. Linda M. Barker | |Member |
The Board considered the following additional evidence:
Exhibit C – (show the identifying data for the original Record of
Proceedings)
CONSIDERATION OF ADDITIONAL EVIDENCE:
8. On 6 April 2005, information was received from the Office of
Promotions, Reserve Components, U. S. Army Human Resources Command in
regard to the decision of the Army Board for Correction of Military Records
(ABCMR) in Docket Number AR20040001468 dated 8 February 2005.
9. The Office of Promotions, Reserve Components, U. S. Army Human
Resources Command noted that a typographical error was made in paragraph
3 of the DISCUSSION AND CONCLUSIONS and in paragraph a of the BOARD
DETERMINATON/RECOMMENDATION. As stated elsewhere in ABCMR Docket Number
AR20040001468, the applicant was required to complete 3 years time in grade
to be eligible for promotion to first lieutenant. He completed
3 years time in grade on 12 May 1992, not on 12 May 1991.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
4. At the time of the decision of the ABCMR in Docket Number AR20040001468
dated 8 February 2005 it was the intent of the ABCMR to make the
applicant’s record as administratively correct as it should properly have
been at the time.
5. The ABCMR's decision in Docket Number AR20040001468 dated 8 February
2005 erroneously indicated, in two places, that the applicant's records
should be corrected to show he was promoted to first lieutenant on 12 May
1991. However, it was the ABCMR's clear intent (as required by regulation
and as shown in four other places in Docket Number AR20040001468 dated 8
February 2005) to show he was promoted to first lieutenant on 12 May 1992.
6. As an exception to the doctrine of administrative finality due to
mathematical miscalculation (as a result of a typographical error the
applicant's first lieutenant date of rank was miscalculated), it would be
appropriate to amend paragraph 3 of the DISCUSSION AND CONCLUSIONS of
Docket Number AR20040001468 dated 8 February 2005 to read: "As the
applicant met the promotion eligibility requirements for promotion to 1LT
on 12 May 1992, it would be equitable to correct his records to show he was
promoted effective that date. That would then make him eligible for
promotion reconsideration to captain beginning with the 1996 through the
2004 criteria."
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__jea___ __ena___ __lmb___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR20040001468 dated 8 February
2005 to read:
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:
a. showing he was promoted to 1LT with a date of rank and
effective date of 12 May 1992;
b. submitting his records to a duly constituted Special
Selection Board for reconsideration for promotion to captain under the
1996 through 2004 criteria; and
c. promoting him to captain if he is selected for promotion and
assigning the appropriate date of rank (or assigning him the
appropriate sequence number, if applicable) or notifying him if he is
not selected for promotion.
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
amending the applicant's first lieutenant date of rank to 12 May 1991.
__James E. Anderholm__
CHAIRPERSON
INDEX
|CASE ID |AR20050004964 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050407 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |131.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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