APPLICANT REQUESTS:  That he be promoted to Major effective in 1975.

APPLICANT STATES:  That he was selected for promotion in February 1975.  It was negligence on the part of the Adjutant General section which delayed the issuance of the official notification.  He is not eligible for retirement benefits and the promotion would be of no cost.  He states that “Exhibits A and B” are attached, but no documents were attached to the application.

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

He was born on 22 July 1926.  After having had prior enlisted service in the U. S. Navy, he entered the U. S. Army Reserve on 24 January 1949.  He was promoted to First Lieutenant on 1 December 1953 and to Captain on 10 March 1955.  He was transferred to the Louisiana Army National Guard, in the grade of Captain, on 16 December 1957.  On 3 February 1960, he was assigned to the inactive National Guard.  On 18 April 1969, federal recognition was withdrawn and he was transferred to the U. S. Army Reserve.  He remained on the inactive status list apparently until 1 June 1972.

On 31 August 1973, the Army Reserve Components Personnel and Administration Center notified the applicant he had failed to accrue the minimum points required to remain in an active status and stated he would be removed from active status unless he could show he had earned additional points.  The applicant’s response is unavailable.  On 5 April 1974, he was again notified he had failed to accrue the minimum points required to remain in an active status.  This letter is annotated that a tracer was sent on 10 April 1975.

On 19 February 1975, the applicant’s records were apparently submitted to a Department of the Army Standby Advisory Board for promotion reconsideration under the criterion of the 1973 board and he was selected for promotion. 

The applicant request transfer to the Retired Reserve and he was so transferred effective 8 May 1975.

Title 10, U. S. Code, Section 3360, in effect at the time, required that an officer be in an active status in order to be promoted.

Army Regulation 135-155 provides that Headquarters, Department of the Army may remove the name of an officer from a selection board list who was ineligible for selection because, among other reasons, he was removed from an active status before promotion was finalized, was not in an active status or was in an active status in error at the time of consideration, or was not participating satisfactorily in Reserve training.

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 applicant apparently was considered and selected for promotion in February 1975 under the criterion of the 1973 board.  However, evidence in the records shows he did not satisfactorily participate that year and so was erroneously considered.  In addition, he was removed from an active status, by being transferred to the Retired Reserve, prior to any promotion action being finalized.  The applicant has supplied no evidence to show he had participated satisfactorily during that period.

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

                       DENY APPLICATION

                                Loren G. Harrell
					 	Director