MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 January 1999                   
	DOCKET NUMBER:   AC98-11269
				   AR1998013777

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be advanced to the rank of sergeant major (E9) in his retired status.

APPLICANT STATES:  In effect, that he was never considered for promotion because the unit sergeant major disliked him; that he demonstrated prejudice towards him; and made every effort to discredit him.  He states that his efficiency reports were outstanding and his military service was excellent.  He submits a letter of recommendation for promotion, letters of appreciation, and Senior Enlisted Evaluation Reports to support his contentions.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant is a retired master sergeant who served in the Army for 29 years,
8 months, and 8 days.  He was retired on 30 June 1978.  His awards include the Silver Star, the Bronze Star Medal with “V” Device (4th OLC), the Air Medal, the Meritorious Service Medal, the Purple Heart (3rd OLC), the Good Conduct Medal (6th Award), and the National Defense Service Medal (1st OLC).

His assignments included Infantryman Enlisted Advisor, 1st Sergeant, and Chief Enlisted Advisor.  He also performed duties as an infantryman in the United States and overseas.

During the applicant’s military service he was convicted by a special court-martial on 9 June 1952 for resisting apprehension by a military policeman and for assaulting a military policeman.  He was convicted by a summary court-martial on 11 September 1956 for being AWOL (1 day).  He was convicted by a second summary court-martial on 26 June 1958 for being AWOL (2 days).

While serving as 1st sergeant of HHC, 3rd Battalion, 63rd Armor, the applicant received nonjudicial punishment for operating a vehicle under the influence of alcohol on 4 October 1974.  His punishment consisted of a Letter of Reprimand and forfeiture of $50.00 per month for 2 months.

During the processing of this case a staff member of this Board contacted Enlisted Promotion Branch, The Total Army Personnel Command (PERSCOM).  PERSCOM advised this Board that the applicant was considered for promotion to sergeant major each year from 1974 through 1977, and was not selected.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was considered for promotion to sergeant major by a DA Promotion Selection Board each year from 1974 through 1977, and was not selected.

2.  The applicant’s contention that his unit sergeant major prevented his promotion to sergeant major (E9) is not supported by either evidence submitted with his application or the evidence of record.

3.  The Board notes that despite the applicant’s overall honorable service, a portion of his military service was flawed with multiple convictions by court-martial, and a non-judicial punishment for driving a vehicle while under the influence of alcohol.

4.  Promotion Selection Boards are prohibited by law from divulging the reasons for selection or nonselection of any NCO.  Therefore, this Board is reluctant to substitute its judgement for that of a promotion selection board.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9811269	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, 	
DATE OF DISCHARGE	780630	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131.oo		
2.		
3.		
4.		
5.		
6.