RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	16 April 2008  
	DOCKET NUMBER:  AR20070017287 


	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.










      The following members, a quorum, were present:


P. M.

Chairperson

J. H.

Member

K. J.

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 three (CW3) by a special selection board (SSB) under the 2007 year criteria.

2.  The applicant states, in effect, that his non-selection for promotion to CW3 in 2007 may have been a result of material error.  He also states that at the time, some documents were pending their final stages during the time the board convened.  The following documents were not viewed because they were pending update or were missing from his promotion packet:  his warrant officer basic course (WOBC) completion certificate, his award of military occupational specialty (MOS) 640A, his Installation Veterinary Services Course certificate, his Bachelor or Arts and Master of Public Health degrees, his Department of Health License, his officer evaluation report (OER) for the period 14 June 2006 to 16 June 2007, and his APFT (Army Physical Fitness Test) results.  The material error for his past promotion board was discovered upon reviewing his board packet after his non-selection for promotion.  

3.  The applicant provides copies of his Bachelor of Arts Degree, his Department of Health License, his WOBC completion report, his MOS classification, his Master of Public Health Degree, his Installations Veterinary Services Course completion certificate, his OER for the period 14 June 2006 to 16 June 2007, and his APFT results, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United States Army Reserve, as a warrant officer one, effective 18 April 1997, with prior enlisted service.  He was promoted to CW2 effective 18 April 1999.

2.  The applicant was considered and not selected for promotion to CW3 by the 2007 Reserve Components Selection Board (RCSB) that convened on 12 April 2007.

3.  In an advisory opinion, dated 10 December 2007, the Chief, Special Actions, Office of Promotions, Human Resources Command (HRC), St. Louis, Missouri, stated that the applicant was considered and not selected for promotion to CW3 by the 2007 RCSB.  The applicant stated in his request that several documents were missing from his board file.  In accordance with Army Regulation 135-155, to be reconsidered for promotion there has to be a missing material error 

documents(s).  Material error documents are missing evaluations, highest military or civilian education, or the award of the Silver Star or above.  Of the documents the applicant mentioned in his application, the only material error documents were his WOBC completion report, his Bachelor and Master degrees, and an OER.  The applicant reviewed his board file on 17 April 2007.  The WOBC and both civilian degrees were in his board file.  The OER, with a through date of 15 June 2007, was not eligible to be seen by the 2007 RCSB, since the through date exceeded the convening date of the board.  Based on this review, the HRC official recommended denial of the applicant's request for reconsideration under the 2007 year criteria.

4.  The Chief, Special Actions, Office of Promotions, also stated that the applicant was, however, omitted from consideration by the 2006 RCSB.  Because of this omission, he has a basis for an SSB under the 2006 year criteria.  He recommended the Board direct the applicant be considered by an SSB for promotion to CW3 under the 2006 year criteria.

5.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 18 January 2008.  He did not respond.

6.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration (omission) or material error, which existed in the record at the time of consideration.  Material error in this context is 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 provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to promotion reconsideration for CW3 under the 2007 year criteria.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant’s contention that documents were missing from his promotion file when it was viewed by the 2007 RCSB has been noted.  However, a review of his file revealed that his 2007 board consideration file was complete.  Therefore, his records did not contain material error when reviewed by the 2007 RCSB, which does not mandate promotion reconsideration.  Promotion boards do not divulge the proceedings or reasons for non-selection and, based on the available evidence, it cannot determine why he was not selected for promotion.  Without evidence to show otherwise, it is concluded that the applicant was properly considered for promotion to CW3.

3.  Based on a review of the applicant’s records by the Office of Promotions, HRC, St. Louis, the applicant has a basis for promotion consideration for CW3 by an SSB under the 2006 year criteria due to his omission from consideration by that board.  Therefore, his records should now be submitted for appropriate SSB consideration for this purpose.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KSJ __  __PM___  __JH____  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 partial 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 a duly constituted special selection board for promotion consideration for chief warrant officer three under the 2006 year criteria.

2.  That if selected, the applicant's records be further corrected by showing he was promoted to chief warrant officer three on his date of eligibility, as determined by appropriate Departmental officials, using the 2006 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion.

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

4.  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 promotion reconsideration for chief warrant officer three by a special selection board under the 2007 year criteria.




      _____        P. M.___________
                CHAIRPERSON



ABCMR Record of Proceedings (cont)                                         AR20070017287


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508