MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 May 1999                  
	DOCKET NUMBER:   AR1998012466

	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. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Anderholm		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 major and retention.  She further requests that information on applying for a warrant officer position be forwarded to her.

APPLICANT STATES:  She completed Phase I of the Combined Arms and Services Staff School (CAS3) and is willing to complete the Phases II and III to be reconsidered.

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

She was appointed in the Reserve from ROTC as a second lieutenant effective 5 January 1983.  She attained the grade of captain effective 7 February 1990, with a date of rank of 3 January 1990.

Her promotion eligibility date (PED) for promotion to major was 2 January 1997, based on completion of 7 years in the lower grade.

She was considered but not selected for promotion to major by the 1996 and 1997 Reserve Components Selection Boards (RCSB’s).  She was not qualified for promotion based on the lack of the required military education.

She had not completed CAS3 prior to the convening dates of the RCSB’s.

Army Regulation (AR) 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 record 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 had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for nonselection, except where an individual is not qualified due to noncompletion of required military schooling.

The regulation provides that in order to be qualified for promotion to major an individual must have completed 7 years of TIG as a captain and completion of an AOC and CAS3 on or before the convening date of the respective promotion board.

It also provides 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.

In similar cases such as this, the Total Army Personnel Command (PERSCOM) Promotion Branch officials have shown that the new education requirements for CWO’s (SWOT) and for major (CAS3) were announced in 1990 and 1991.

Army Regulation 15-185 establishes procedures for making application, and the consideration of applications, for the correction of military records by the Secretary of the Army acting through this Board.  Paragraph 9 of the regulation specifies that an application to the Board will not operate as a stay of any proceedings being taken with respect to the person involved.

The Chief, Promotion and Notification Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant was considered for promotion to major by the 1996 and 1997 RCSB’s and not recommended because she was not educationally qualified.  As of 28 December 1997 she had not completed CAS3; therefore, she has no basis for consideration by a Promotion Advisory Board.  In accordance with Army Regulation 135-155, para 2-6, the education must be completed not later than the date the board convenes.  It was recommended the application be denied.

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 25 February 1999.  She did not respond.

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 all of the circumstances in this case, the applicant is not entitled to promotion reconsideration to major and retention.  She has not shown error or injustice for the relief she is now requesting.

2.  She was not qualified for the promotion.  She did not complete the required military education prior to the convening date of the RCSB’s.  Her willingness at this later date to complete the remaining Phases is not a basis for promotion reconsideration.  As in the applicant’s case, as a captain she was required to complete the CAS3 for promotion prior to the board date.

3.  It is further noted that individuals twice nonselected will be transferred to the Retired Reserve or discharged.  The applicant was advised of this requirement and she elected to be discharged.  Based on the nonselections she was properly discharged.  She has not shown otherwise.
4.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as RCSB dates, promotion zones and education requirements for promotion qualification are widely published in official, quasi-official and unofficial publications, and in official communications.  Given that the applicant became a captain in 1990 and that she had to be considered by an RCSB so that, if selected, she could be promoted by the time she had served 7 years in grade, the applicant knew, or should have known, that she would be considered by an RCSB in 1996 and possibly 1997 and that she needed to insure, well in advance, that her record would present her career and qualifications to that board in the best possible light.

5.  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.

6.  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.

NOTE:  Request the Commander, Army Reserve Personnel Command, advise the applicant of the procedures for requesting appointment as a warrant officer.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

GDP____  AAO ____  JEA ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR199812466	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 May 12	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.131.00		
2.		
3.		
4.		
5.		
6.