MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 October 1998                  
	DOCKET NUMBER:   AC98-09353

	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 reconsideration to colonel.

APPLICANT STATES:  That his officer evaluation report (OER) for the period 12 June 1996 through 15 May 1997 was not seen by the promotion board.  He submits a copy of the OER in support of his application.

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

He was appointed in the Army National Guard (ARNG) as a second lieutenant effective 17 August 1973, with prior enlisted service.  He was promoted to first lieutenant effective 16 August 1976 and captain effective 16 August 1978.

He was separated from the ARNG on 16 December 1984 and transferred to the USAR.  He was promoted to major effective 16 August 1985 and lieutenant colonel effective 14 August 1993.

His record shows he received an OER for the period 12 June 1996 through 15 May 1997.  This report was completed on 26 May 1997 and filed on his official military personnel file on 25 September 1997.

He was considered and not selected for promotion to colonel by the 1997 Reserve Components Selection Board (RCSB) which convened on 15 July 1997. The reason(s) was not divulged by the board except that it was not for a lack of military education.

His records were complete and without material error when reviewed by the RCSB.

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.  

Official records and promotion board procedures require that Departmental Senior Rater Profiles be affixed to OER’s prior to filing in individual’s records and completed 90 days prior to review by a selection board.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant’s file contained all of his pertinent documents when it was viewed by the 1997 RCSB. The OER ending 15 May 1997 was not processed by the convening date of the selection board.  Since the report was not processed by the convening date it is not a basis for special board consideration.  In view of the facts presented, he recommended that 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 colonel by a special selection board.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that his records did not contain an OER ending 15 May 1997 has been noted by the board; however the contested OER was not eligible for review by the 1997 RCSB.  The Board further notes that OER’s must be completed 90 days prior to the convening dates of respective RCSB’s to be reviewed by those board.

3.  His record was complete and without material error when reviewed by the 1997 RCSB and he received fair consideration for promotion to colonel. 

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

RVC____  KAK ____  LE______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-09353	
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	N/A	
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.