MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            14 April 1999                 
	DOCKET NUMBER:    AR1999017605

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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:  That he be reinstated in the USAR with assignment to a troop program unit.

APPLICANT STATES:  That his USAR artillery battery ceased operation and he was not allowed to join another unit because he was a sergeant’s advocate.

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

He was commissioned as a second lieutenant on 20 January 1962, entered on active duty on 28 April 1962, was promoted to first lieutenant, and was honorably released from active duty on 23 April 1964.

He was assigned to an Army National Guard unit on 22 November 1964.

On 26 October 1968 he was honorably discharged due to his not being selected for promotion to captain after two considerations.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was discharged due to his not being selected for promotion, not due to unit inactivation.

2.  In addition, he has not submitted any documentation which would support his allegation that he was in any way retaliated against because he was an advocate of sergeants.

3.  Also, the passage of time would make it impossible to grant the applicant’s request.  If he believed that an error or injustice existed in his case he should have submitted an application in 1968, not 1998.

4.  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

_KLW___  _AAO____  _TBR___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017605	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.