MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 October 1998                  
	DOCKET NUMBER:   AC98-10184

	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 major.

APPLICANT STATES:  That his officer advanced course and information of his enrollment in the Combined Arms and Services Staff School be added to his promotion file.

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

While serving in the rank of captain, he was considered but not qualified and not selected for promotion to major by the 1996 and 1997 Reserve Components Selection Boards (RCSB’s).  He was not qualified for promotion based on the lack of the required military education.

He completed the officer advanced course on 27 June 1997, subsequent to the convening dates of the respective RCSB’s.

His records do not show completion of the Combined Arms and Services Staff School.

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 further specifies that individuals twice not selected for promotion to major 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 regulation specifies that in order to qualify for promotion to major an individual must have completed 7 years of time in grade as a captain, and 12 years of promotion service, and completion of any officer advanced course and the Combined Arms and Services Staff School on or before the convening date of the respective promotion board.  The regulation does not provide for a waiver to be granted for the officer advanced course and the Combined Arms and Services Staff School.
The Reserve Officer Personnel Management Act (ROPMA), a public law enacted by Congress on 5 October 1994 prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component Officers.  The law became effective 1 October 1996.  ROPMA specifies that selection for promotion consideration to major will remain in the officer’s sixth year of time in grade as a captain and not later than the seventh year time in grade.

ROPMA further specifies that individuals twice not selected for promotion to major are subject to the appropriate separation provisions.  However, under ROPMA, the Secretary of the Army may determine that the Reserve of the Army required the services of captains who are twice not selected.  The Secretary then may authorize, at his discretion, the convening of a selective 
continuation board and that officers must apply for consideration.  If the board’s recommendation is approved by the Secretary, a captain may serve until the last day of the month in which he or she completes 20 years commissioned service.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion (COPY ATTACHED) that a review of the applicant’s board consideration files revealed that he was not educationally qualified by the convening dates of the 1996 and 1997 annual board.  Qualification for promotion to major is completion of any officer advanced course and effective 1 October 1994, completion of the Combined Arms and Service Staff School.  The applicant did not complete his officer advanced course until 27 June 1997.  Based on the facts presented, he recommended that the applicant’s request be disapproved.

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 major.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that his officer advanced course completion and enrollment in the Combined Arms and Service Staff School are not in his records has been noted by the board.  However, the Board notes that the applicant completed his officer advanced course too late and his enrollment in the Combined Arms and Service Staff School was after the convening dates of the RCSB’s.  His first nonselection showed him and his superiors that he was failing in his military education qualification.

3.  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.

4.  The Board concludes that he knew or should have known that he would be considered by an RCSB in 1996 and 1997 and that he needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

5.  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.

6.  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.

7.  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	AC98-10184	
SUFFIX	N/A	
RECON	N/A	
DATE BOARDED	7 October 1998	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.