MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:   1 SEPTEMBER 1999                         
	DOCKET NUMBER:   AR1998013435

	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. Thomas N. Kuhn		Chairperson	
	Mr. Margaret K. Patterson		Member	
	Mr. James M. Alward		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 captain by a special selection board.

APPLICANT STATES:  Her records were incomplete.  She submits a copy her student transcript, a letter dated 21 October 1998 confirming her degree, her officer record brief, copies of her officer advanced course diploma and report, an officer evaluation report (OER) ending 31 January 1998, an Initial Entry Training Course certificate, and a biographical summary in support of her application. 

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

She was appointed in the Reserve from ROTC, as a second lieutenant effective 20 July 1989.  She was promoted to first lieutenant effective 19 July 1992.  Based on the required 4 years time in grade, her promotion eligibility date for captain was 18 July 1996.

Her records were erroneously not submitted to the 1996 Reserve Component Selection Board (RCSB).

She was considered and nonselected for promotion to captain by the 1997 RCSB, which convened on 27 November 1997.  She was not qualified for promotion based on the lack of the required civilian education.

A review of her records did not reveal she had completed the civilian education requirement of a Baccalaureate (BA) degree prior to the convening date of the board.  She completed her degree on 1 September 1998.

Her records contained all current OER’s and military education data when reviewed by the board.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection 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 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. 

This regulation also 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.  Lack of notification does not provide an independent basis to be reconsidered by a standby board.
The regulation provides that in order to be qualified for promotion to captain, an individual must have completed 4 years of time in grade as a first lieutenant, and an officer basic course, and a BA degree on or before the convening date of the respective promotion board.

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant’s records were omitted from the calendar year 1996 promotion board; however, she has no basis for consideration by a special selection board under that criteria since she did not complete her BA degree until 1 September 1998.  The officer was considered by the 1997 RCSB and not recommended because she was not educationally qualified.  She was awarded her BA degree after the board recessed; therefore, she has no basis for consideration by a special selection board under 1996 or 1997 criteria.  Based on this information, it was recommended the applicant’s request be denied. 

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 22 July 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 the circumstances in this case, the applicant is not entitled to promotion reconsideration to captain by a special selection board.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that her records were incomplete has been noted by the board; however, the documents the applicant claims are missing were in fact viewed by the promotion board.  It is further noted that she did not complete her highest civilian education until after the 1997 RCSB adjourned.

3.  The Board also notes that her records were erroneously not considered by the 1996 promotion board; however, her records would have shown that she was not educationally qualified for promotion to captain in 1996.  Therefore, she would not be qualified and eligible for promotion to captain by a special selection board under 1996 criteria.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013435	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131.00		
2.		
3.		
4.		
5.		
6.