MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 February 2000  
	DOCKET NUMBER:   AR1999029101

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		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:  That his recent non-selection for promotion to colonel be voided and that he be promoted to O-6.

APPLICANT STATES:  That he sets forth several reasons why he believes the promotion board should have selected him for promotion; however, no specific reasons were included with his application.  In support of his application, he provides:  a 1 July 1999 letter to the Board; a copy of a memorandum, dated 8 May 1998, with subject:  Information Not Contained in Records; a copy of a letter from ARPERSCOM, dated 6 April 1999, forwarding information in response to a Freedom of Information Act request; a photostat copy of his picture dated 22 March 1998; a copy of his 3-page biographical summary, dated 8 May 1998; a copy of a citation for the Meritorious Service Medal, dated 12 March 1998; a copy of his DA Form 2-1, Personnel Qualification Record.

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

He is a lieutenant colonel in the Connecticut Army National Guard serving an Active Guard/Reserve (AGR) assignment as a general attorney with the Office of the Chief Counsel, National Guard Bureau.  In 1998, he was non-selected for promotion to the rank of colonel.  The reasons for non-selection are not a matter of record.  It is noted that the last three items submitted by the applicant with his application are marked to indicate that they were considered by the 1998 promotion selection board that failed to select him for promotion.

Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States (ARNGUS) and US Army Reserve (USAR).  It states, in pertinent part, that selection boards will convene at the discretion of the Secretary of the Army and will consider ARNGUS and USAR officers, in all branches, for promotion to colonel.  These boards will consider and recommend only those who are in an active status and operate to select the best qualified from among those officers determined to be fully qualified.

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.  The applicant’s 1 July 1999 letter accompanying his application states that his appeal sets forth several reasons why he believes that he should have been selected for promotion.  No such documents were provided.

2.  Since information concerning the deliberations of USAR promotion selection boards is not available, the Board is not in a position to determine the criteria under which the applicant was non-selected in 1998.  The Board has consistently refused to interpose its judgment in the place of a properly constituted promotion selection board.

3.  Since the applicant was not selected for promotion to colonel, and he has not shown that his non-selection was the result of error or injustice, there is no basis to correct his record to show that he was selected for promotion to colonel in 1998.

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

__cla___  ___jph __  __mvt  ___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029101	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.1000	
2.		
3.		
4.		
5.		
6.