MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 February 2001
	DOCKET NUMBER:   AR2000041467

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. James E. Anderholm		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:  That his records be corrected by changing his date of rank (DOR) to Major from 1 October 1999 to 23 July 1999, with all back pay and allowances.

APPLICANT STATES:  That the removal of an Officer Evaluation Report (OER)  for the period 950803 to 960802 by this Board initiated the correction of an injustice, and that by granting his request to change his date of rank to 23 July 1999 would bring closure to this injustice and allow him to rejoin his peers.

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

The applicant entered active duty as a captain in the Dental Corps to fulfill his active duty service obligation, with a date of rank of 23 July 1993.

The applicant was nonselected for promotion to major by the 1998 Major Medical Corps (MC) and Dental Corps (DE) Board that adjourned on 17 February 1998.

On 1 December 1998, in response to the applicant’s appeal of two OER’s for the periods 940803 to 950802 and 950803 to 960802, the Officer Special Review Board (OSRB) deleted the senior rater block and profile distribution on both reports, and amended the senior rater comments on the report ending 950802 and deleted the last two sentences of the report ending 960802.  The OSRB further directed that the applicant’s records be reconsidered for promotion under the criteria of the 1998 Major MC and DE Promotion Board.

In February 1999 the applicant was recommended for promotion to Major by the 1999 Major MC and DE Promotion Board, and was promoted on 1 October 1999.

In March 1999, the applicant’s records were reviewed by a Special Selection Board, under the criteria of the 1998 Major MC and DE Promotion Board, as directed by the OSRB, the applicant was not recommended for promotion.   

In May 1999 this Board determined that the OER ending 960802 should be removed from the applicant’s records, and directed that his records be reconsidered for promotion under the criteria of the 1998 MC and DE Promotion Board.

In August 1999 a Special Selection Board reviewed the applicant’s records under the criteria of the 1998 Board, the applicant was again not recommended for promotion.

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,  The applicant was reconsidered for promotion under the criteria of the 1998 MC and DE Promotion Board on two occasions, once after having two OER’s amended, and again with the report ending 960802 removed from his records.  On both occasions the applicant was not recommended for promotion.  The applicant was subsequently recommended for promotion by the 1999 MC and DE Promotion board and promoted with a 1 October 1999 date of rank.

2.  There is no basis for changing the applicant’s date of rank to 23 July 1999, the date he would have had if he had been selected by the 1998 Promotion Board.

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___  ___bjl__  __jea___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041467	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
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.	131.04	
2.		
3.		
4.		
5.		
6.