MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 December 1998                  
	DOCKET NUMBER:   AC98-10272

	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 consideration to chief warrant officer three (CW3) with an effective date of 28 May 1995 and appropriate back pay and allowances.

APPLICANT STATES:  That he was denied promotion after legitimate selection in accordance with Army Regulations.  He submits a detailed letter in support of his application.

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

He was appointed in the Reserve as a warrant office one effective 28 May 1986, with prior enlisted service.  He was promoted to CW2 effective 28 May 1989.

He was considered and selected for promotion to CW3 by the 194 Reserve Components Selection Board (RCSB with an effective day of 28 May 1995.

He was appointed in the Army National Guard effective 13 October 1994.  He was separated on 18 October 1996 and transferred to the USAR Control Group (Reinforcement).

His records show he was not promoted to CW4 on his PED.

He was considered and selected for promotion to CW3 by the 1997 RCSB.

Army Regulation (AR) 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation also applies to commissioned and warrant officers of the Army Reserve.  The regulation further provides that promotions of warrant officers of the Arm Reserve is governed by this regulation, while promotion of warrant officers of the Army National Guard is governed by their own regulation National Guard Regulation 600-101.

Title 10, United States Code, Section 335(a) specifies that an officer and warrant officers of the Army Reserve who is federally recognized as an officer/warrant officer in the Army National Guard becomes an officer of the Army National Guard of the United States and ceases to be an officer of the Army Reserve. 

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, it is concluded:

1.  In view of all of the circumstances in this case, the applicant is not entitled to promotion to CW3 with an effective date of 28 May 1995.  He has not shown error or injustice, or any other satisfactory justification for the relief he now requests.

) that it is not known why the applicant was not promoted on his PED; however, he transferred to the NG during the promotion process, therefore canceling any promotion action in process. 

2.  His contention that his records were never forwarded to the promotion board has been noted by the Board; however, it is not sufficiently supported by his records, his application, or the evidence of record.  There is no error or injustice in his record.  His records were reviewed by a promotion board and he was recommended for promotion.

3. The Board further notes even though he was not promoted on his PED, his promotion could not be accomplished, because he transferred to the inactive NG in an inactive status.

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

JHL_____  JMA____  SK______  DENY APPLICATION

						Loren G. Harrell

INDEX

CASE ID	AC98-10185	
SUFFIX	N/A	
RECON	N/A	
DATE BOARDED	1998 December 10	
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.