MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 September 2000                   
	DOCKET NUMBER:   AR2000040123

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 records be considered by a Special Selection Board (SSB) for promotion to lieutenant colonel (LTC) or that he be reinstated in an active status and allowed to continue to serve as a major.

APPLICANT STATES:  That his mandatory removal date was June 2006.  It only makes logical sense to retain a highly trained medical provider such as himself to complete his military time until his mandatory removal date.  His last three officer evaluation reports (OERs) showed he was a “top block” officer but he was told by the Army Personnel Center (i. e., the Army Reserve Personnel Command        (AR-PERSCOM)) that these OERs were not on file even though the Office of Promotions, Reserve Components says they were.

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

After having had prior enlisted service, he was appointed a second lieutenant in the U. S. Army Reserve, Army Nurse Corps, in 1977.  On 3 June 1994, he transferred to the Army National Guard in the rank of major.

The applicant’s OERs are not available.

The applicant was considered by the 1997 and the 1998 Department of the Army Reserve Components Selection Boards for promotion to LTC and was not selected for promotion.  On 8 November 1999, he was transferred to the Retired Reserve.

In reply to an inquiry from the applicant, on 17 March 2000 the Office of Promotions, Reserve Components, U. S. Total Army Personnel Command informed him that a review of his board consideration file revealed that the board saw his highest military education, Reserve OERs through 15 February 1994 and National Guard reports ending 2 June 1995, 15 February 1996 and 4 September 1997.

Title 10, U. S. Code, section 14506 provides that a major of the reserve active-status list who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be removed from that list not later than the first day of the month after the month in which the officer completes 20 years of commissioned service.

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 this requirement.

2.  The applicant states that AR-PERSCOM told him that his latest OERs were not seen by the promotion boards.  The Office of Promotions, Reserve Components has stated that his latest OERs were seen by the boards.  The applicant provides neither the OERs nor evidence such as statements by the individual(s) who told him the OERs were not seen that would contradict the Office of Promotions, Reserve Components’ statement.  The Board notes that OERs with a “top block” rating would not necessarily indicate to a promotion board the applicant’s superiority over his peers.  A “top block” rating could be a center-of-mass rating which, during the period of downsizing when the applicant was considered for promotion, would not necessarily ensure his competitiveness for promotion.  

3.  Since the applicant twice failed to be selected for promotion to LTC, he was removed from an active status as required by law.  The Board notes the applicant’s contention that medical providers are always needed.  However, these boards are not authorized to reveal the reasons for nonselection so no further comment can be made.  Therefore, it would not be appropriate to grant his request to remain in an active status in the rank of major.  

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___  __wtm___  __tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040123	
SUFFIX		
RECON		
DATE BOARDED	20000907	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.10	
2.		
3.		
4.		
5.		
6.