MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 December 1998                  
	DOCKET NUMBER:   AC98-10185

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Stanley Kelley		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 he had been informed his application had not been approved for accession into the Chaplain Branch and he was not authorized to enroll in the Chaplain Officer Advanced Course (OAC).  His accession did not occur until 21 November 1995.  He further states that he had insufficient time and opportunity to complete the course prior to the convening date of the board. He also states his last officer evaluation report was not seen by the promotion board.  He submits a copy of his diploma for completion of the course and other documentation in support of his application.

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

He was appointed in the Reserve, Signal Corps as a second lieutenant effective 17 February 1984.  He was promoted to first lieutenant effective 17 August 1985 and captain 16 August 1989.

He was endorsed for appointment in the Chaplains Corps on 10 May 1988 and appointed in the rank of captain effective 19 May 1990.  Based on the 7 years time in grade his promotion eligibility date for major was 15 August 1996.

He was considered but nonselected for promotion to major by the 1996 and 1997 Reserve Components Selection Board (RCSB’s) which convened on 11 March 1996 and 10 March 1997.  He was not qualified for promotion based on the lack of the required military education.

His records were complete and without material error when reviewed by the RCSB’s.  The contested OER was reviewed.

He completed the Chaplain OAC in May 1997, after the convening dates of the 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 such error(e) been 

corrected at the time of the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.   The regulation also provides that board 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.

This regulation specifies that a copy of the officer’s records are dispatched 30 days before the convening date of the board and officers are directed to review the records and submit copies of missing documents and other corrections.  And that an administrative error was immaterial if the officer in exercising reasonable diligence could have discovered the error or omission and taken timely corrective action notifying Headquarters, Department of the Army with supporting documentation.

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 qualified 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 OAC on or before the convening date of the respective promotion board.  The regulation does not provide for a waiver to be granted for the OAC.

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.  Under ROPMA consideration of selection for promotion to major will remain in the officer’s sixth year time in grade in the current grade for promotion not later than the seventh year time in grade in the current 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 the his discretion, the convening of a selective 
continuation board and that officer 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 completed 20 years commissioned service.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant was considered by the 1996 and 1997 RCSB’s and nonselected for not meeting the required military education requirement.  Required military education must be completed by the convening date of the respective board.  As a result of 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 he could not enroll in the Chaplain OAC before November 1995, which did not allow sufficient time or opportunity to complete the course prior to the 1996 and 1997 RCSB’s, has been noted by the board.  However, the Board notes that the applicant had since 16 August 1989, his promotion date to captain, to complete any OAC and prepare himself for promotion consideration in 1996 and 1997, a period of more that 7 years.  His first nonselection showed him and his superiors that he was failing in his military education qualification.

3.  The Board concludes that he was appointed in the Chaplain Corps in 1990, and he knew or should have known of the long standing regulatory requirements for promotion to major.  It also notes that it appears he failed to complete any OAC within the time required through his own volition.

4.  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 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.  His contention that his last OER was not seen by the promotion board has also been noted, however, it is not supported by his application.  His records were complete and without material error when reviewed by the 1996 and 1997 RCSB’s.  He has not shown otherwise.

7.  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.

8.  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_____  __JMA       SK____     DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10185	
SUFFIX		
RECON	N/A	
DATE BOARDED	1998 December 10	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	1998 January 1	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.