MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  27 January 2000
	DOCKET NUMBER:   AR1999026763

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr.Stanley Kelley 		Member	
	Mr. Elzey J. Arledge, Jr.		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 his records be corrected by removing the Academic Evaluation Report (AER) for the period 21 June through 9 October 1992.

APPLICANT STATES:  That in 1996 Fort Benning verified that he was declared a graduate of the Infantry Officer Basic Course (IOBC).

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

He was commissioned a USAR second lieutenant under the ROTC early commissioning program effective 9 June 1990.  He accepted an appointment in the ARNG effective 19 October 1990 and was assigned as an Infantry officer.

He began IOBC on 21 June 1992 and was released from the course on 9 October 1992 for failure to achieve course standards.  The AER (COPY ATTACHED) gave him unsatisfactory ratings in oral communications and leadership.  The first sentence of block 16 states that he failed to meet the graduation requirements.  The applicant acknowledged receipt of the AER with his signature and he declined to provide a written response.  There is no evidence of record that he ever appealed the report to the Department.

On 23 December 1992 he was discharged from the ARNG for failure to complete IOBC and transferred to the USAR as a second lieutenant.  He was promoted to first lieutenant effective 30 May 1993 and was assigned to an Engineer USAR unit.  On 24 July 1996 he was informed by the Reserve Personnel Center (ARPERCEN) that academic records at Fort Benning showed that he had been declared a graduate of IOBC.  He was also informed that he must become Engineer branch qualified by completion of the Engineer Officer Advanced Course.

He was passed over for promotion to captain by the 1997 and 1998 Reserve Component Promotion Selection Board.  The boards reviewed his AER and the ARPERCEN memorandum concerning course completion and non-selected him. In May 1999 he requested promotion reconsideration and he was informed that an inquiry was conducted concerning attendance at IOBC.  Based on that inquiry the Infantry School updated their records to show that he was removed from the roster of graduates based on the AER.  His promotion reconsideration was denied.  Effective 15 October 1999 he was discharged for twice failing selection for promotion to captain.

Army Regulation 135-155 provides the policy for selection and promotion of Reserve Component officers. It provides that the educational requirement for promotion to first lieutenant and captain is completion of an officer basic course.  It also provides that an officer who twice fails to be selected for promotion to captain 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.  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.

2.  The applicant was not educationally qualified for promotion and he was clearly aware of his removal from IOBC for failure to meet graduation requirements.  His separation from the ARNG was also clearly shown as failure to complete the officer basic course.  It is not entirely clear how he was promoted to first lieutenant and why he was not removed from an active status at an earlier date.

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

__IW____  __SK___  ___EA___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026763	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	111.01	
2.		
3.		
4.		
5.		
6.