MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         28 October 1998      
	DOCKET NUMBER:   AC98-07464

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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 
	Exhibit B - Military Personnel Records (including advisory opinion, 
	            if any)

APPLICANT REQUESTS:  That his records be reconsidered for promotion under the criteria of the FY96 Lieutenant Colonel Promotion Board.   

APPLICANT STATES:  That the Command and General Staff College (C&GSC) non/resident entry on his ORB unfairly prejudiced the board into believing that he was not selected to attend resident C&GSC, and as a result the board believed he was in the bottom percent of his year group.  

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

The applicant was not recommended for promotion by the FY96 Lieutenant Colonel (LTC) Promotion Board that recessed on 21 November 1995, and was released on 14 March 1996.

The applicant’s Officer Record Brief (ORB) seen by the FY96 LTC Promotion Board showed, in item VI, Military Education, that he had completed C&GSC   non-resident in 1990, and resident C&GSC in 1995.  

On 17 September 1996, the applicant’s voluntary request for early retirement was approved, with a 31 January 1997 retirement date.

On 31 January 1997, the applicant was retired and placed on the retirement list effective 1 February 1997.   

On 2 October 1998, the Commander, U.S. Total Army Personnel Command (PERSCOM) provided an opinion (COPY ATTACHED) which recommended that the applicant’s request for promotion reconsideration be denied because his records did not contain a material error when they were considered by the FY96 LTC Promotion Board.  The board was aware of his completion of C&GSC by non-resident in 1990, and his completion of the resident course in 1995. 

Promotion reconsideration is approved only for those nonselected officers whose records contained a material error when they were considered by a promotion selection board 

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 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 in error or unjust.

2.  The applicant has, failed to submit evidence that would satisfy the aforementioned requirement.

3. The applicant’s records were proper constituted when seen by the 1996 LTC Promotion Board, and the board was aware that the applicant’s  military education, included non-resident and resident G&GSC.

4.  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

___JHL__  __CWB__  __RVO__  DENY APPLICATION

						Loren G. Harrell
						Director