MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 February 1999                  
	DOCKET NUMBER:   AR1998012425

	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:  Promotion reconsideration to lieutenant colonel (LTC).

APPLICANT STATES:  That officer evaluation reports (OER’s) and mission commendatory data were missing from his file.

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

He was appointed in the Reserve from ROTC as a second lieutenant effective 8 December 1976. 

He was ordered to active duty on 23 February 1977.  He was promoted to first lieutenant effective 23 February 1979.

He was honorably discharged from active duty on 8 March 1981 and assigned to the USAR Control Group (Reinforcement).  He was promoted to captain effective 11 March 1981 and major 7 December 1988.

He was considered but nonselected for promotion to lieutenant colonel by the 1994 Reserve Components Selection Board (RCSB).

His records contained all current OER’s and award data when reviewed by the board.

His records show he was later selected and promoted to LTC with a date of rank of 1 November 1996.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a standby promotion advisory board may only be based on erroneous nonconsideration or material error which existed in the records 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 nonselection by a promotion board and, that such error(e) been corrected at the time of the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.   This regulation specifies that a copy of the officer’s records are 

dispatched 30 days before the convening date of the board and officers are directed to review the records and submit copies of missing documents and other corrections.  

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion (COPY ATTACHED) that a review of the applicant’s record revealed that it was incomplete when considered by the 1994 RCSB.  Documentation verifying his highest civilian education was missing from the file. Normally, this would constitute a basis for reconsideration by a Special Selection Board (SSB); however, the officer was contacted regarding the missing document,  and he declined to submit the requested document.  Based on the facts presented, he recommended that the applicant’s request be denied.

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(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to LTC by a SSB.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that his records were missing OER’s and award data when reviewed by the 1994 RCSB has been noted by the board; however, the documents the applicant claim are missing were in fact viewed by the promotion board.  

3.  It is further noted that his highest civilian education was not seen by the 1994 RCSB and he was provided the opportunity to submit the document as a basis for reconsideration and he did not do so.

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	AR1998012440	
SUFFIX		
RECON	NA	
DATE BOARDED	1999 FEBRUARY 04	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.