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ARMY | BCMR | CY2006 | 20060012156C070205
Original file (20060012156C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:        16 November 2006
      DOCKET NUMBER:  AR20060012156


      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. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Mr. David W. Tucker               |     |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 reconsideration for chief
warrant officer five (CW5) due to material error in his promotion
consideration file.

2.  The applicant states, that he was not selected for promotion to CW5 by
the 2006 Reserve Components Selection Board (RCSB) due to material error.
He also states that his promotion consideration file did not contain his
officer evaluation reports (OER) for the periods 1 January 2004 to 7 August
2004 and 8 August 2004 to 8 September 2005, which included his rated
service as unit commander of the 175th Quartermaster Company, his
deployment to Kuwait in support of Operation Iraqi Freedom, and his
Meritorious Service Medal.

3.  The applicant states he provided copies of the OERs for the periods
ending
7 August 2004 and 8 September 2005, and an award of the Meritorious Service
Medal, in support of his request; however, they were not provided to the
Board with his application.  His application was processed through the
Office of Promotions, Reserve Components, Human Resources Command (HRC),
St. Louis, Missouri, and it appears that this office retained the
abovementioned documents.

CONSIDERATION OF EVIDENCE:

1.  Based upon a review of the applicant’s records by the Office of
Promotions, Reserve Components, HRC, St. Louis, 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
CW5 by the 2004, 2005, and 2006 RCSBs.  His OERs for the periods ending
31 December 2003, 8 August 2004, and 30 May 2005, were not seen by the
board.

2.  Current promotion policy specifies that promotion consideration or
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 CW5 by the 2004, 2005, and 2006 RCSBs 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:

__ JCR___ ___DWT_    _RWS_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_______    ___DWT   __RWS__  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
31 December 2003, 8 August 2004, and 30 May 2005 in the OMPF of the
individual concerned.

2.  That following administrative implementation of the foregoing, his
records be submitted to duly constituted special selection boards, as
deemed appropriate for promotion consideration for chief warrant officer
five, under the 2004, 2005, and 2006 year criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to chief warrant officer five on his date of eligibility, 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.



                                  _____Jeffrey C. Redmann__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060012156                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061116                                |
|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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