MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 October 2000
	DOCKET NUMBER:  AR2000041097

	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 colonel under 1999 criteria.

APPLICANT STATES:  In effect, that a letter he wrote to the President of the colonel 1999 promotion board was placed in a section called “administrative” and not shown to the board.  This letter was critical because it clearly stated he should have been considered a troop program unit (TPU) officer in the board’s deliberation.  His subsequent non-selection led him to believe the board considered him as an Individual Mobilization Augmentation (IMA) officer.  He submits a self-authored memorandum dated 14 April 2000 and a copy of a letter dated 30 May 1999 to the President, 1999 Colonel Army Promotion Selection Board.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information herein was obtained from documentation submitted by the applicant which show:

He was considered and not recommended for promotion to colonel by the 1998 and 1999 Reserve Components Selection Boards.

Based on findings from the Office of Reserve Promotions, the applicant’s 1999 promotion file did not contain his 30 May 1999 letter to the President of the colonel 1999 promotion board.  When his records were reviewed by the 1999 RCSB they did not contain material error and this letter was not a basis for consideration by a special selection board.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection 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.

The regulation further provides that an officer under consideration may write to that selection board president inviting attention to any matter of record deemed vital to their consideration.  Appropriate communications to a selection board will be considered if received before the time the board convenes.

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 view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to colonel under 1999 criteria.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that his letter to the President of the 1999 promotion board was excluded; however, when his records were reviewed they did not contain material error and he has no basis for consideration by a special selection board.

3.  The Board concludes that the applicant’s file contained all of his pertinent documents and he is not eligible for promotion reconsideration.

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 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	AR2000041097	
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	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.