MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  31 August 2000
	DOCKET NUMBER:  AR2000035375

	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		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Ms. Barbara J. Ellis		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 colonel under 1999 criteria.

APPLICANT STATES:  His files did not contain an officer evaluation report (OER) for the period 1 April 1998 through 31 March 1999.  He submits a copy of the contested report and his service school evaluation report in support of his application.

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

He was appointed in the Reserve as second lieutenant effective 26 May 1973.  

He attained the rank of lieutenant colonel effective 1 February 1993.

He was considered and not selected for promotion to colonel by the 1998 and 1999 Reserve Components Selection Boards (RCSB’s).  The boards convened on 14 July 1998 and 13 July 1999, respectively

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a standby promotion advisory board may only be based on erroneous nonconsideration 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 nonselection 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 nonselection, except where an individual is not qualified due to noncompletion of required military schooling.

Official records and promotion board procedures require that Departmental Senior Rater Profiles be affixed to OER’s prior to filing in an individual’s records and completed 90 days prior to review by a selection board.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion the applicant was considered for promotion to colonel by the 1999 promotion board and not recommended.  The OER ending 31 March 1999 is not a basis for consideration by a special selection board because it ended within 90 days of the convening date of the 1999 board and was profiled on 9 November 1999, after the board recessed.  It should be noted 

that the officer has a basis for consideration by a special selection board since 
his OER ending 30 September 1997 was not seen by the 1998 promotion board. He has been scheduled for a board that will convene in January 2001.  Based on this information, it is recommend his application be denied.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 20 June 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 colonel under 1999 criteria by a special selection board.  He has not shown error, injustice, or inequity for the relief he requested.

2.  The board has noted his contention that his files did not contain an OER for the period ending 31 March 1999.  However, this OER is not a basis for consideration by a special selection board, as it ended within 90 days of the convening date of the 1999 board and was profiled after the board recessed.  

3.  The board further notes that the applicant has a basis for reconsideration under 1998 criteria, as his files contained material error, an OER for the period ending 30 September 1997 was not seen by the 1998 board.  The applicant has been scheduled for reconsideration by a board that will convened in January 2001.

4.  Pertinent regulations show that OER’s must be completed 90 days prior to the convening dates of respective RCSB’s to be reviewed by those boards.

5.  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.

6.  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

__sc____  ___js__  ___be_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035373	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000831	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.