MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            9 June 1999                  
	DOCKET NUMBER:   AR1998014058

	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. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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:  His promotion date be changed from 1 December 1997 to 1 December 1996.

APPLICANT STATES:  An error was made concerning his promotion eligibility date (PED) to chief warrant officer four (CW4).  He was promoted to CW3 on 1 December 1990 and the regulation states, a CW3 must serve 6 years time in grade before mandatory promotion to CW4 and he has determined that his actual PED should be 1 December 1996.

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

The applicant was appointed in the Reserve as a warrant officer one effective 28 August 1984.  He was promoted to CW2 effective 1 December 1987 and CW3 effective 1 December 1990.

Based on the required 6 years time in grade for promotion to CW4 his PED was 1 December 1996.

He was considered but not selected for promotion to CW4 by 1995 Reserve Components Selection Board (RCSB).  He was not selected because he did not meet the education requirement for promotion to CW4 when considered by the board.  His PED was adjusted accordingly to 1 December 1997.

He was considered for promotion to CW4 by the 1996 RCSB and recommended with a PED of 1 December 1997.

On 28 March 1997, the Army Board for Correction of Military Records determined that the applicant’s promotion file when reviewed by the 1995 RCSB contained material error and he was educationally qualified at the time of the promotion board.  The Board directed the Office of Promotion to submit the applicant’s records to a special selection board (SSB) under 1995 criteria.   He was reconsidered under 1995 criteria and not selected.  He was notified of his non-selection on 28 March 1998.

Army Regulation (AR) 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a SSB 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.

It also specifies that in order to be qualified for promotion to CW4 an individual must have completed 6 years of time in the lower grade as a CW3 on or before the convening date of the respective promotion board, and that individuals will receive mandatory promotion consideration prior to their PED's so that, if selected, they may be promoted on their future PED, and that upon a non-selection by a promotion board an individual's PED will be adjusted by 1 year, accordingly.

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

1.  In view of all of the circumstances in this case, the applicant is not entitled to correction to his PED.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that he served the 6 years time in grade and his PED should be 1 December 1996 has been noted by the board; however, the applicant was considered by the 1995 RCSB and not selected and his PED was adjusted to 1 December 1997.  Had the applicant been recommended by the SSB under 1995 criteria, he would then be entitled to correction to PED to 1 December 1996.

3.  The Board further notes the regulation clearly states that after being passed over on a first consideration an officer’s PED will be adjusted by 1 year later than the original PED. 

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

eb______  rjw______  jps _____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-06762, AR1998014058	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 June 9	
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.