MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 October 2000
	DOCKET NUMBER:  AR2000037221

	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. Raymond V. O’Connor		Chairperson	
	Ms. Linda D. Simmons		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 major.  (On 9 December 1999 the applicant’s requests for retroactive promotion to major, placement in a permanent disability status and award of Reserve participation credit for years of satisfactory service that was improperly taken away were considered and denied by the Board.  The Memorandum of Consideration is attached herewith.)

APPLICANT STATES:  In effect, that, through no fault of his own, he was not considered for promotion to the next higher United States Army Reserve (USAR) grade by the promotion selection board which should have considered him under 1996 criteria.  

EVIDENCE OF RECORD:  The applicant’s military records were not provided to the Board.  Information incorporated herein by reference are Departmental Promotion Advisory Board Proceedings, dated 10 December 1999 which show the applicant is a Reserve officer who was not considered by the original promotion board convened to consider him for promotion in the USAR to major under 1996 criteria.

The Total Army Personnel Command (PERSCOM) at the request of this Board, arranged for the applicant’s consideration by a USAR Special Selection Board (SSB) under the original selection criteria.  Thereafter, PERSCOM advised that the officer was not recommended for promotion to major under 1996 criteria.

Army Regulation 135-155 provides, in part, that to be fully qualified for selection, a member must be in the zone of consideration, on active duty or participating satisfactorily in Reserve training, qualified physically, morally, and professionally, capable of performing the duties of the next higher grade under mobilization conditions, educationally qualified (commissioned officers only), and that, for certain specialty fields, individuals must possess the appropriate SSI and/or other qualifications.  The regulation also specifies that promotion includes a determination of potential of future service in the higher grade.

Army Regulation 15-185 provides the policies and procedures for this Board.  It provides that the burden of proof to show error or injustice rests with the applicant, and that an individual’s records are presumed correct unless shown otherwise.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicants, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant has been considered by the appropriate SSB for promotion consideration to major under 1996 criteria and he was not recommended for promotion.
2.  The consideration for promotion by a SSB has accorded the applicant a fair and complete consideration for promotion under the original selection criteria as intended by statute and regulation.

3.  Because promotion boards are not permitted to disclose the reasons for non-selection for promotion, there is no record of why the applicant failed to be selected for promotion to the next higher grade.  In this regard, it must be noted that the selection board that considered the applicant for promotion was instructed to select only those who were considered fully 
qualified for promotion to the next higher grade.  Accordingly, it must be presumed that, when reviewed by the SSB, the applicant’s overall records failed to meet the standards established for selection on a fully qualified basis.

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 material error or injustice.

BOARD VOTE:

______  ______  ______  GRANT

______  ______  ______  GRANT FORMAL HEARING

_ro___  __ls___  __be____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037221	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001017	
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.