MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 December 1998                  
	DOCKET NUMBER:   AC98-12072

	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. 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 by a standby board.

APPLICANT STATES:  That due to administrative error, his record was omitted for consideration by the 1992 captain promotion selection board.

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

He was appointed in the Reserve as a second lieutenant effective 21 May 1984, with prior enlisted service.  He entered on active duty on 9 July 1986 and was promoted to first lieutenant effective 20 May 1987.  He was released from active duty on 18 February 1990 and transferred to the USAR Control Group (Reinforcement).

His promotion eligibility date for promotion to captain was 19 May 1991, based on completion of 4 years in the lower grade and 6 years of commissioned (promotion) service.

He was in the zone and not considered by the 1991 and 1992 Reserve Components Selection Boards (RCSB’s).

His record shows he received officer evaluation reports (OER’s) for the periods 30 September 1991 through 30 April 1992 and 1 May through 30 November 1992.  These reports were filed on his official military personnel file on 5 October 1992 and 22 March 1993, respectively.

In a memorandum dated 21 January 1993, the OER for the period 1 May through 30 November 1992 was noted as adverse and referred to the applicant for acknowledgment and rebuttal.  He was invited to submit comments by the 4 February 1993 suspense date.  

His record was annotated on 3 March 1993, showing he failed to respond to the referred OER by the suspense date.

He was considered but nonselected for promotion to captain by the 1993 and 1994 RCSB’s. 

In correspondence dated 3 September 1996, the Chief, Office of Promotions, Reserve Components, responded to the applicant’s request for consideration by a promotion advisory board.  The applicant was informed that he was eligible for consideration by advisory boards under 1991, 1992 and 1993 criteria.  The letter further stated that his OER’s prior to 30 September 1991.

could not be located, and if he had any reports in his possession, to forward copies to that office. Upon receipt of the reports advisory board consideration would be initiated.

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 Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant does not have a basis for consideration by special selection board at this time.  He stated that there had been a problem in obtaining the applicant’s OER’s prior to 30 September 1991.  As of 25 September 1998, the applicant had not responded to correspondence sent to him requesting copies of the reports; therefore, special board consideration action can not be initiated.  He further opined that if the applicant forwards copies of the reports as requested, he may then be eligible for special board consideration.  In view 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 captain by an SSB at this time.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that his record was omitted from the 1992 promotion board has been noted by the Board; however, the applicant has been requested to provide copies of his OER’s dated prior to 30 September 1991 to be eligible for special board consideration.  When the requested reports are provided, the applicant may then may be considered a duly constituted selection board under 1991, 1992 and 1993 criteria.  

3.  The Board further notes referral of the OER for the period 1 May through 30 November 1992 has not been acknowledged by the applicant and that adverse OER may have caused his nonselections by the 1993 and 1994 RCSB’s.

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
						Director

INDEX

CASE ID	AC98-12072	
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	N/A	
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.