MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 July 1999                  
	DOCKET NUMBER:   AR1999023085

	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. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway		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:  In effect, expunction of the letter, dated 29 April 1994, informing him of non-selection for retention on active duty, from his Official Military Personnel File (OMPF).

APPLICANT STATES:  His subsequent selection for promotion to captain justifies removal of this non-select letter.  He submits a copy of the letter, a statement, a copy of his DD Form 214, and copies of officer evaluation reports he received covering 1994 to 1996.

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

The applicant was appointed a Reserve officer effective 20 May 1989 from ROTC, and he entered active duty effective 7 January 1990.  He attained the rank of first lieutenant on 7 January 1992.

On 29 April 1994 he was notified by letter that he was not selected for retention on active duty, and that he must be separated not later than 15 August 1994.  He acknowledged the action.  The letter was filed on the General/Administrative Data (GA) section of the Service portion of his microfiche OMPF as a permanent document.

He was not selected for promotion to captain while on active duty.

He was honorably released from active duty on 1 August 1994, with 4 years, 
6 months and 25 days of net active service this period.  The narrative reason for his separation was “NON-SELECTION, PERMANENT PROMOTION”.  He was transferred to the Reserve Control Group (Reinf).  His promotion eligibility date for Reserve captain was 6 January 1996.

He was promoted to captain in the Reserve effective 6 January 1996.

Army Regulation 600-8-104 prescribes the policy and procedures for maintenance of individual personnel files, including the OMPF.  The regulation specifies that acceptance or rejection of officers for retention on active duty will be filed in the GA section of the Service OMPF.

Current promotion policy, with few exceptions, does not provide for review of Service OMPF by promotion boards.

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

1.  Based on the circumstances in this case, the applicant is not entitled to expunction of the letter, dated 29 April 1994, informing him of non-selection for retention on active duty, from his OMPF.  He has not shown error, injustice, or inequity for the relief he is now requesting.

2.  Regulations require that a copy of non-selection for retention actions be filed in the GA section of the Service OMPF.  His record is proper.  The regulation applies to all officers not selected for retention on active duty.  His subsequent promotion to captain is noteworthy, but does not show an injustice or unfairness by not removing the non-retention document from his record.  The Board also notes that the contested document is not normally reviewed by promotion boards.

3. 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

chl______  slp______  clg_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023085	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 July 29	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.