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RECORD OF PROCEEDINGS by pLdevf2h

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									                              DEPARTMENT OF THE ARMY
                         BOARD FOR CORRECTION OF MILITARY RECORDS
                          1941 JEFFERSON DAVIS HIGHWAY 2ND FLOOR
                                  ARLINGTON, VA 22202-4508




                             RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:    13 November 2003
      DOCKET NUMBER: AR2003083681


      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
       Mr. Robert J. McGowan                                       Analyst


 The following members, a quorum, were present:

       Mr. Arthur A. Omartian                                      Chairperson
       Mr. Ronald E. Blakely                                       Member
       Ms. Eloise C. Prendergast                                   Member

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion, if any).




                                     Printed on   Recycled Paper
ABCMR Record of Proceedings (cont)                           AR2003083681


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his records be placed before an enlisted
standby advisory promotion board (STAB) for promotion consideration to Sergeant First
Class, SFC/E-7.

2. The applicant states, in effect, that the 2001 SFC Promotion Board selected him for
promotion in military occupational specialty (MOS) 79R, Recruiter. Because he had
reclassified to MOS 79V, Retention and Transition NCO, he was forced to decline the
promotion or revert back to MOS 79R. He declined the promotion.

3. The applicant further states that he was not given promotion consideration by the
2002 SFC Promotion Board because that board erroneously believed his was already
promotable. On 15 July 2002, his records were placed before a STAB, but he was not
selected.

4. The applicant adds that he does not believe the records that went before the 15 July
2002 STAB were complete and that, in essence, he should be given a second chance.

5. The applicant provides a memorandum and various documents relating to his
removal from the 2001 SFC promotion list, and his review by the 2002 STAB.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show that he served on active duty from 28 August
1984 to 16 July 1991. On 25 September 1991, he enlisted in the US Army Reserve
(USAR) in MOS 75F, Personnel Information Systems Management Specialist. He was
promoted to Sergeant on 25 July 1994.

2. In 1997, the applicant became a recruiter (MOS 79R) and was promoted to Staff
Sergeant on 11 August 1997. He served as a recruiter until 2001 when he attended the
USAR Retention and Transition NCO Course from 29 May - 15 June 2001. Upon
completion of the course, he was awarded MOS 79V.

3. The applicant's records were considered for promotion by the 2001 SFC Promotion
Board in MOS 79R. He was selected for promotion, but declined to revert from MOS
79V to MOS 79R and was removed from the promotion list.

4. The applicant's records were inadvertently not considered for promotion by the 2002
SFC Promotion Board which convened on 26 February 2002. The error was discovered
and his records were placed before a STAB on 15 July 2002. He was not selected for
promotion in MOS 79V.




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ABCMR Record of Proceedings (cont)                              AR2003083681


5. Army Regulation 600-8-19, Enlisted Promotions and Reductions, prescribes the
enlisted promotions and reductions function of the military personnel system. It provides
principles of support, standards of service, policies, tasks, rules, and steps governing all
work required in the field to support promotions and reductions. It states, in pertinent
part, STABs are convened to consider records of those Soldiers not reviewed by a
regular board or whose records were not properly constituted, due to a material error,
when reviewed by the regular board. Material error is considered one sufficient enough
to cause the nonselection of a Soldier for promotion.

DISCUSSION AND CONCLUSIONS:

1. The applicant should have been considered for promotion by the 2002 SFC
Promotion Board in February 2002; however, as a result of an administrative error, he
was not considered. This error was corrected by placing the applicant's records before
a STAB on 15 July 2002. Unfortunately, he was not selected.

2. The applicant has not shown that his records contained a material error when they
went before the 15 July 2002 STAB. Without demonstrating a material error, he is not
entitled to the requested second STAB.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__aao___ __reb___ __ecp___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or
injustice. Therefore, the Board determined that the overall merits of this case are
insufficient as a basis for correction of the records of the individual concerned.




                                        Arthur A. Omartian
                                    ______________________
                                        CHAIRPERSON




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ABCMR Record of Proceedings (cont)            AR2003083681



                                      INDEX

CASE ID                    AR2003083681
SUFFIX
RECON
DATE BOARDED               20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION             DENY
REVIEW AUTHORITY
ISSUES     1.              131.1100
           2.
           3.
           4.
           5.
           6.




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