MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          13 May 1999                    
	DOCKET NUMBER:   AR1998012440

	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:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Samuel Caldron		Member	
	Mr. Kenneth L. Wright		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 consideration to major under 1996 criteria.

APPLICANT STATES:  That she was not notified that a board was occurring and therefore was unable to submit a current packet.  She further states her promotion packet did not appear before the last major’s board.

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

She was appointed from ROTC as a second lieutenant effective 18 May 1985.  

She was ordered to active duty on 10 September 1985 and attained the rank of captain on 1 April 1989.  

She requested release from active duty under the voluntary separation incentive program on 14 November 1995.  She was honorably discharged from the Regular Army (RA) on 1 April 1996.

She was appointed in the Reserve as a captain on 2 April 1996.  Her promotion eligibility date for promotion to major was 31 March 1996.

She was not in the zone of consideration for the 1996 Reserve Components Selection Board (RCSB).  She was on active duty when the board convened on 23 January 1996. 

She was considered and selected for promotion to major by the 1997 RCSB.

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.  

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant does not have a basis for consideration by a special selection board.  Based on the 7 years time in grade requirement the applicant’s promotion eligibility date to major was 31 March 1996.  She was on active duty when the 1996 RCSB convened on 23 January 1996.  Therefore, she was not eligible for consideration by the board.  In accordance with AR 135-155 an officer must be serving in a Reserve status on the convening date of a board to be eligible for consideration by that board.  Since the applicant was on active duty until 1 April 1996, she was not eligible for promotion consideration by the 1996 RCSB.  The earliest board she was eligible for was the 1997 RCSB, which recommended her for promotion to major.  In view of 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 consideration to major under 1996 criteria.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that she was not notified of the 1996 promotion board and did not submit a package has been noted by the board.  However, she was properly considered by the appropriate selection board that convened on 14 January 1997.  The Board further notes, she was not eligible for consideration by the 1996 major promotion board which convened on 23 January 1996, as she was still on active duty in an RA status. 

3.  The Board also notes that the applicant was considered and recommended for promotion to major by the 1997 RCSB.

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

RVO____  SC______  KLW ___  DENY APPLICATION

						Loren G. Harrell
						Director