MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 June 2000                   
	DOCKET NUMBER:   AR2000039374

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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, that his discharge be revoked.  

APPLICANT STATES:  That he had over 18 years in the Army Reserve and should have been notified and given the option to consent to his discharge.  He first notified the Army of the error within one year of his discovering he had been discharged.  He provides no supporting evidence.

COUNSEL CONTENDS:  Counsel makes no contention.

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

After having had prior active duty as a commissioned officer, he entered the active Reserve in 1968.

By letter dated 20 September 1988, the U. S. Army Reserve Personnel Center notified the applicant that he had been nonselected for promotion to lieutenant colonel after his second consideration.  He was informed that he was eligible to request transfer to the Retired Reserve and that it was imperative that he complete the election of options on the back of the letter.  If he failed to respond, they would be required to take discharge action in accordance with the law.  On 26 October 1988, the letter was annotated “No reply.”  The U. S. Army Reserve Personnel Center discharged the applicant from the Ready Reserve effective    15 November 1988.  At the time he had 18 years of qualifying service for a    non-regular retirement.

Title 10, U. S. Code, section 14513 provides that each reserve officer who is in an active status and whose removal from an active status is required due to failure to be selected for promotion to the higher grade for the second time shall (1) be transferred to an inactive status if the Secretary concerned determines his skills may be required to meet mobilization needs; (2) be transferred to the Retired Reserve if the officer is qualified and applies for such transfer; or (3) be discharged from his reserve appointment if not transferred to an inactive status or to the Retired Reserve.

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.  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.

2.  The applicant provides no supporting evidence to show he never received the 20 September 1988 notification of his nonselection for promotion or that he requested correction of this “error” within one year of learning he had been discharged.  He provides no explanation of why he waited ten years to again request correction of the “error” nor any explanation of how the “error” has worked to his detriment.

3.  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

__lls___  __aao___  __ra____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039374	
SUFFIX		
RECON		
DATE BOARDED	20000622	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.		
3.		
4.		
5.		
6.