MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 June 1999                   
	DOCKET NUMBER:   AR1998014313

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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:  That the records of her deceased spouse, a former service member (FSM), be corrected to show that he received a posthumous promotion to Chief Warrant Officer Three.

APPLICANT STATES:  That he was in the zone of consideration for the August 1970 promotion selection board.  He was killed in action on 26 August 1970.  She provides 25 documents in support of her application as listed on the attached item 10 continuation sheet.

COUNSEL CONTENDS:  That the applicant’s submission, in conjunction with the official record, amply advances her contentions and substantially reflects the probative facts needed for review and favorable action.

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

He enlisted in the Army on 11 October 1965.  He was appointed as a warrant officer helicopter pilot on 11 October 1966.  He served in Vietnam from              14 November 1966 through 13 November 1967.  He was promoted to Chief Warrant Officer Two on 11 January 1968.  He returned to Vietnam on 22 April 1970.

A promotion selection board was scheduled to convene on or about 11 August 1970 to consider temporary Chief Warrant Officers, W-3 and W-2 for temporary promotion to Chief Warrant Officer, W-4 and W-3.  Primary zone of consideration for Chief Warrant Officer, W-3 included all warrant officers serving on active duty in the grade of Chief Warrant Officer Two with dates of rank of 31 January 1968 or earlier.  The FSM was listed on Department of the Army Circular 624-92 as being in the zone of consideration.

The FSM was considered but was not selected for promotion to Chief Warrant Officer Three.

The FSM was killed in action on 26 August 1970 and was posthumously awarded the Purple Heart, the Air Medal and the Distinguished Flying Cross.

Army Regulation 600-8-29 prescribes the officer promotion function of the military personnel system.  In pertinent part, it states that an officer may be posthumously promoted if, at the time of death, proper authority had approved the recommendation of the promotion selection board at the time of death, the death was not due to the officer’s own misconduct, and the officer was not on an unauthorized absence.

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 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.

2.  The FSM was in the zone for promotion consideration by the August 1970 promotion selection board to Chief Warrant Officer Three; however, the evidence shows that he had not been recommended for promotion by that board.  (This is not to be taken as an adverse reflection on the FSM.  The war in Vietnam was drawing down at that time and related changes in the force structure deleted many positions in numerous military occupational specialties, thus decreasing the promotion opportunities for individuals in these specialties.  Helicopter pilots were heavily affected by this drawdown.)  Posthumous promotions can only be made if a deceased officer had been recommended for promotion by a promotion selection board and if the proper authority had approved the recommendation of the promotion selection board.  The Board is grateful to the FSM for the ultimate in service and sacrifice any soldier can perform, but a posthumous promotion is not meant to be used as a reward for such a sacrifice.  

3.  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

__JMA___  __MHM__  __ALR__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014313	
SUFFIX		
RECON		
DATE BOARDED	19990616	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.07	
2.		
3.		
4.		
5.		
6.