MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  13 June 2000
	DOCKET NUMBER:   AR1999025175

	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. Carl W. S. Chun
Ms. Stephanie Thompkins		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John H. Kern		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 reconsideration to major by a special selection board under 1997 and 1998 criteria.

APPLICANT STATES:  In effect, that he was nonselected because his file did not contain an officer evaluation report (OER) ending 31 May 1994, and his military and civilian education.  After the first non-selection the odds were against him for selection by the second board.  Also, his evaluations improved after he left the California National Guard, and this is because he divorced a full timer with many friends in the system.  He submits a copy of the contested OER in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were not provided.  The information herein was obtained from alternate sources, which show:

He was considered and non-selected for promotion to major by the 1997 and 1998 Reserve Components Selection Boards (RCSB’s).  The reason(s) was not divulged by the boards except that it was not for a lack of military and civilian education.

His records were complete and without material error when reviewed by the RCSB.

Based on findings from the Office of Reserve Promotions, the applicant’s records did not contain material error when reviewed by the selection boards.  When his records were reviewed they contained the contested OER and his military and civilian education.

The applicant’s military records were not provided to the Board.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration 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 non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.

It also provides that individuals twice not selected for promotion to major will be transferred to the Retired Reserve if they are eligible and request such transfer, or retained in the active Reserve when more than 18 but less than 20 qualifying years of service have been completed, or discharged.

This regulation also specifies that a copy of the officer’s records are dispatched 30 days before the convening date of the board and officers are directed to review the records and submit copies of missing documents and other corrections.  And that an administrative error was immaterial if the officer in exercising reasonable diligence could have discovered the error or omission and taken timely corrective action notifying Headquarters, Department of the Army with supporting documentation.

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion that the applicant does not have a basis for consideration by a special selection board.  The applicant was considered and non-selected for promotion by the 1997 and 1998 RCSB’s.  When his file was viewed by the selection boards it included his OER ending 31 May 1994, his 4 year degree and his completion certificate for the Combined Arms and Service Staff School.  Based on the fact the applicant’s file contained all of his pertinent documents he is not eligible for special board consideration.  In view of the facts presented, it is recommended that the applicant’s request be denied.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 20 April 2000.  He did not respond.

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 major under 1997 and 1998 criteria.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions that an OER ending 31 May 1994 and completion of his military and civilian education were not viewed by the 1997 and 1998 promotion boards; however, it has been revealed that the contested OER and his military and civilian education were reviewed by the selections board.  His other contentions regarding his evaluations and divorce are not sufficiently supportive of his request.

3.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  The applicant needed to insure well in advance that his record would present his career and qualifications to that board in the best possible light.  Promotion is not automatic based on qualifications alone, but includes a competitive process of an RCSB determining an individual’s potential and ability to perform at the higher grade.

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 this 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

__EB___  ___BE___  ___JK___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999025175	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
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.