MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            28 July 1999
	DOCKET NUMBER:   AR1999027949

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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 the pay grade of E-8.

APPLICANT STATES:  In effect, that he should receive promotion reconsideration to the pay grade of E-8 based on corrections made by the Board to a Noncommissioned Officer Evaluation Report (NCOER) covering the period from January 1991 to March 1991.  He goes on to state that promotion reconsideration is warranted because the applicable regulation provides for promotion reconsideration when an evaluation report has been removed or altered and the report was seen by one or more promotion boards that previously failed to select the individual concerned.  He further states that he has been considered and not selected for promotion on seven occasions and he believes that the discriminatory comments contained in the NCOER prior to correction by the Board put him at a disadvantage when considered with his peers. 

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

The applicant, while serving as a recruiter in the pay grade of E-7, received a relief for cause NCOER covering the period from January 1991 to March 1993.

The applicant applied to the Board for removal of the NCOER from his Official Military Personnel File (OMPF) and the Board, on 19 November 1998, determined that a portion (one bullet) of the NCOER should be deleted (See enclosed Board proceedings).

On 26 February 1999 the applicant applied to the Enlisted Standby Review Board (ESRB) for promotion reconsideration by a Standby Advisory Board (ESRB).  The ESRB opined, in effect, that the applicant’s records as corrected by the Board did not constitute a material error necessary to warrant promotion reconsideration.  

Army Regulation 600-8-19 serves as the authority for processing cases for STAB consideration.  It states, in pertinent part, that the Deputy Chief of Staff for Personnel (DCSPER) or designee (ESRB in this case) may approve cases for referral to a STAB upon determining that a material error existed in a soldier’s OMPF when the file was reviewed by a promotion board and that had the error not existed when reviewed, the soldier may have had a reasonable chance for selection. 

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.  Although the Board did direct the deletion of one comment (bullet) from the NCOER in question; the NCOER, as corrected, is still a valid relief for cause report that is properly filed in his OMPF.  Furthermore, it still contains numerous negative remarks (bullets) for which the applicant has failed to convince the Board are in error or unjust.

2.  Therefore, the Board concurs with the decision of the ESRB that the report, as altered by the Board, would not result in a reasonable chance that he would have been selected for promotion had the altered report been seen by the promotion boards.

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

___fe ___  ___lem __  __mvt___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027949	
SUFFIX		
RECON		
DATE BOARDED	1999/07/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310 	131.0000/PROMOTION RECON	
2.		
3.		
4.		
5.		
6.