MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 October 1998                  
	DOCKET NUMBER:   AC98-08831

	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. Raymond V. O’Connor		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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 to captain.

APPLICANT STATES:  That she has twice submitted good promotion packets which included excellent officer evaluation reports (OER’s), completion of the officer basic course (OBC), and participation in IMA drills.  She submits a copy of a memorandum to the President, Captain AMEDD Selection Board in which she informs the board that due to her unit not forwarding her security clearance in a timely fashion, and a later pregnancy, she had not sooner completed the OBC.  She also submits copies of her promotion packets in support of her application.

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

She was appointed in the Reserve, Army Nurse Corps, as a first lieutenant effective 21 August 1991.  Her promotion eligibility date (PED) for captain was 20 August 1995, based on completion of 4 years in the lower grade.

She was considered but not selected for promotion to captain by the 1995 Reserve Components Selection Board (RCSB) which convened on 24 January 1995.  She was not qualified for promotion since she did not complete the required military education prior to the convening date of the board.  Her PED was adjusted to 20 August 1996.

She completed the OBC on 16 June 1995, after the convening date of the 1995 RCSB. 

She was considered but not selected for promotion to captain by the 1996 RCSB which convened on 23 January 1996.  The reason(s) was not divulged by the board except that it was not for a lack of military education.

Her records were complete and without material error when reviewed by the 1995 and 1996 RCSB’s.  

Army Regulation 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 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.  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 captain, an individual must have completed 4 years time in grade as a first lieutenant and an OBC on or before the convening date of the respective promotion board; and that upon a nonselection by a promotion board an individual’s PED will be adjusted by 1 year, accordingly; and that individuals will received mandatory promotion consideration prior to their PED’s so that, if selected, they may be promoted on their future PED.

The regulation further specifies that individuals twice not selected for promotion to captain 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.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant was considered by the 1995 RCSB and not recommended because she was not educationally qualified.  She completed the OBC after the board adjourned; therefore she has no basis for consideration by a promotion advisory board.  A review of the applicant’s records reviewed that it was complete when considered by the 1996 RCSB; therefore she has no basis for consideration by a promotion advisory board under 1996 criteria.  He recommended the applicant’s request be denied.

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.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that she twice submitted good promotion packets has been noted by the board; however, she failed to complete the required military education prior to the convening of 1995 RCSB.  Completion of an OBC for 
promotion qualification to captain is a long standing regulatory requirement.  It is 
also noted that 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 working of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  The applicant needed to insure, well in advance, that her record would present her career and qualifications to that board in the best possible light.

3.  The Board further notes that her records were complete and without material error when reviewed by both RCSB’s and she has not shown otherwise.

4.  The Board further notes that, as shown in this case, promotion is not automatic based on qualifications alone, but includes a competitive process of an RCSB determining an individual’s potential and ability to perform at the higher grade.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVC____  KAK ____  LE______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-08831	
SUFFIX	N/A	
RECON	N/A	
DATE BOARDED	1998 October 7	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.