MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 July 1999      
	DOCKET NUMBER:   AR1999023599

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Meta Waller		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, the applicant requests that he be reinstated in the Army National Guard.  He requests that he not be discharged from the Army Reserve.   

APPLICANT STATES:  That his losing unit, in the Wyoming Army National Guard, and the Army Reserve Personnel Command, never informed him that his records would go before a promotion board while assigned to the Army Reserve Control Group (Reinforcement).  He was informed that he would be in limbo until he decided to go back [in the Army National Guard].  He states that he would be a great asset to the Colorado Army National Guard.    

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

The applicant enlisted in the Army Reserve on 21 April 1982 in the delayed entry program (DEP), was discharged from that program upon his enlistment in the Regular Army on 25 May 1982.  He was discharged on 31 May 1984 for the purpose of accepting a commission in the Army.

The applicant was appointed a Field Artillery second lieutenant in the Army Reserve on 1 June 1984 and ordered to active duty.  He was promoted to first lieutenant on 1 December 1985.  

On 14 May 1987 the Military Personnel Center notified the applicant that he had not been selected for promotion to Captain and conditional voluntary indefinite status and would have to be separated from the Army.  He was released from active duty on 8 August 1987 at Fort Polk, Louisiana, and assigned to a Reserve unit in Missoula, Montana.

On 12 October 1987 he transferred to the Wyoming Army National Guard.  He was promoted to Captain on 31 August 1989.  

The applicant received a referred OER while assigned to HHB, 1ST Battalion,    49th Field Artillery, of the WYARNG, and removed from command.  On              31 March 1993 he was discharged from the WYARNG and assigned to the Army Reserve Control Group (Reinforcement).  

On 10 June 1996 the applicant was notified by the Army Reserve Personnel Command that he was nonselected for promotion to Major.  On 6 June 1997 he was notified of his second nonselection and was informed that he would have to be discharged, unless he was eligible for, and requested transfer to the Retired Reserve.

Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned officers of the National Guard of the United States and the Army Reserve.  Paragraph 2-7 states that mandatory selection boards will be convened each year to consider Army National Guard and Army Reserve officers in an active status for promotion to Captain through Lieutenant Colonel.  Active status is defined as the status of an Army National Guard of the United States or an Army Reserve commissioned officer, other than a warrant officer, who is not in the inactive Army National Guard, in the Standby Reserve (Inactive List), or in the Retired Reserve.

Paragraph 4-27 states in pertinent part that an officer who twice fails to be selected for promotion to the grade of Captain, Major, or Lieutenant Colonel will not be considered again for promotion.

Paragraph 4-29 states that an officer whose removal from active Reserve status is required by law for failure to be selected for promotion must be removed within prescribed time limits.  

Army Regulation 140-10, covers policy and procedures for assigning, removing, and transferring Reserve soldiers.  Paragraph 7-4 states that officers who have fulfilled their statutory military service obligation and who have been nonselected for promotion to Captain, Major, and Lieutenant Colonel, after second consideration, will be removed from an active status.  Soldiers will be discharged or transferred to the Retired Reserve.  
     
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.  Absent information to the contrary, the applicant’s consideration for, and nonselection for promotion, are in accordance with applicable law and regulation. His second nonselection for promotion mandates his removal from an active status with the Army Reserve.    

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request to continue his active service with a Reserve component.     

3.  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.

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

__inw___  __jea___  __mw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023599	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990707	
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.  111.03		
2.  125.08		
3.  131.00		
4.		
5.		
6.