MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            21 September 2000 
	DOCKET NUMBER:   AR2000038104

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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:  In effect, promotion to captain.  

APPLICANT STATES:  In effect, that shortly after leaving the service he was hoodwinked by a captain which resulted in an additional two and one half years of reserve duty.  He states that based on this captain’s efficiency reports, which reflected a lack of commitment to his vision of what a reserve officer should be like, the applicant was passed over for promotion.  He also contends that other officers who served with him were never called to reserve duty and still were promoted to captain when they retired.  In support of his application, he submits a letter of explanation dated 6 December 1999; a letter from the Standby Reserve dated 15 April 1966; a copy of Special Orders Number 111 dated
26 July 1965; and a notification of consideration for promotion dated 17 April 1967.  

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

The applicant was appointed a Reserve commissioned officer on 17 December 1959.  He was ordered to active duty on 5 February 1960.  The applicant served as an infantry unit commander, was temporarily promoted to first lieutenant in the Army of the United States on 5 August 1961 and permanently promoted to first lieutenant in the USAR on 7 August 1962.  He was honorably released from active duty on 7 August 1962 and transferred to the USAR to complete his remaining obligation.  On 1 August 1965 the applicant was assigned to the USAR Control Group (Standby).

The applicant was considered but not selected for promotion to captain by a Reserve Component Selection Board in 1966.  The reasons for nonselection were not divulged by the board.

He was again considered but not selected for promotion in 1967 by a Reserve Component Selection Board.  The reasons for nonselection were not divulged by the board.

On 1 December 1967 the applicant was honorably discharged from the USAR Control Group (Standby) under the provisions of Army Regulation 135-175, paragraph 39a(5)(b), for nonselection for promotion after second consideration.

Army Regulation 135-175, in effect at the time, prescribes the policies and procedures for the separation of Reserve officers.  Paragraph 39a(5)(b) of this regulation provides that individuals twice not selected for promotion to captain will be transferred to the Retired Reserve if they are eligible and request such transfer, transferred to an inactive status in the Standby Reserve if eligible, or discharged.

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.  There is no evidence of record, and the applicant has provided no evidence, to support his contention that he was hoodwinked by a captain which resulted in an additional two and one half years of reserve duty. 

2.  The Board noted the applicant’s contention that he was passed over for promotion because of “this captain’s” efficiency reports.  However, it is a well known fact that promotion boards do not reveal their reasons for selection or nonselection.  Therefore, the contentions by the applicant are at best speculative.

3.  While the Board understands the applicant’s concerns regarding his reasons for nonselection, the Board is not an investigative body and in the absence of evidence to show otherwise, the Board must presume that the applicant was properly considered and nonselect for promotion in accordance with the applicable laws and regulations governing the conduct of promotion boards.

4.  In accordance with Army Regulation 135-175, paragraph 39a(5)(b), the applicant was properly discharged after two-time nonselection for promotion to captain.  Therefore, the Board determined that in the absence of any evidence or error or injustice there is no basis to approve the applicant’s request for promotion to captain.

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

JHL_____  CLG____  ENA____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038104	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19620807	
DISCHARGE AUTHORITY	AR 135-173  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.