MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             4 February 1999                 
	DOCKET NUMBER:     AR1998012420

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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 his second nonselection for promotion to major be deleted from his records. 

APPLICANT STATES:  That he had already resigned his commission and awaiting separation before the promotion board met.  He submits a copy of his unqualified resignation and other documentation in support of his application. 

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

He was appointed in the Reserve, Chaplains Branch, as a second lieutenant effective 29 December 1985.  He was credited with 3 years service credit.

He was promoted to captain effective 28 December 1989.  Based on the required 7 years of time in grade as a captain, and 12 years of promotion service, his promotion eligibility date for major was 27 December 1996.

He was considered and not selected for promotion to major by the 1996 Reserve Components Selection Board (RCSB), which convened on 12 March 1996.  The reason(s) was not divulged by the boards except that it was not for a lack of military education.  His records were complete and without material error when reviewed by the RCSB.

His records show he received 3 referred OER’s for failing the Army Physical Fitness Tests.

He was considered and not selected for promotion to major by the 1997 RCSB, which convened on 10 March 1997.

On 3 March 1997, he requested an unqualified resignation from the Reserves.  On 10 July 1997, he was advised that this request could not be processed while he was still assigned to a unit.  He was further advised that if he was reassigned to the Individual Ready Reserve, he could resubmit his request.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that an officer’s name may be removed from a non-recommended list if he or she was not in an active status or in active status in error at the time of consideration.

The regulation further specifies that individuals twice not selected for promotion to major will be transferred to the Retired Reserve if they are eligible and request such transfer, or retained in the active Reserve when more than 18 but less than 20 qualifying years of service have been completed, or discharged.

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant was considered for promotion to major by the 1996 and 1997 RCSB’s and nonselected.  He submitted a request for resignation on 2 March 1997, prior to the 1997 board convening on 10 March 1997.  However, his resignation was not effective until 20 April 1998.  Therefore, his nonselection is valid and his letter of nonselection should not be removed from his official military personnel file (OMPF).  Based on the facts presented, he recommended that the applicant’s request be disapproved.

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

1.  In view of the circumstances in this case, the applicant is not entitled to removal of his second nonselection letter from his OMPF.

2.  His contentions have been noted; however, he has not shown error, injustice or inequity in his case.  The Board also notes that his 2 March 1997 request for resignation was not processed before the 1997 RCSB convened.  He was informed on 10 July 1997, that he needed to be reassigned to the IRR before his resignation could be processed.  

3.  The applicant’s resignation became effective 20 April 1998, and he was still in an active status when he was considered and nonselected.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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

JHL_____  AAO____  VBC____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012420	
SUFFIX	NA	
RECON	NA	
DATE BOARDED	1999 February 04	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	NA	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.