MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 October 2000
	DOCKET NUMBER:   AR2000042688

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda D. Simmons		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 the pay grade of E-9.

APPLICANT STATES:  In effect, that his records were not reviewed by the Calendar Year 1999 (CY1999) Sergeant Major (SGM/E-9) Promotion Selection Board when he was eligible and that when he was considered by a Standby Advisory Board (STAB), his records did not contain his last two evaluation reports, an award of the Meritorious Service Medal (MSM) dated 3 November 1999 and his official photograph.

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

The applicant, a special forces noncommissioned officer, was promoted to the pay grade of E-8 on 1 September 1996. 

In the processing of this case a staff advisory opinion was obtained from the promotions branch of the Total Army Personnel Command (PERSCOM) which opined that the applicant’s records were omitted from consideration by the October 1999 SGM Promotion Selection Board (secondary zone) and his records were referred to a STAB for promotion consideration under the criteria applied to the October 1999 SGM Board.  Officials at the PERSCOM indicated that his two evaluation reports and the MSM were reviewed by the STAB and that he was not recommended for promotion by the STAB.  It further opined that his photo was not available for review and that the absence of a photo does not serve as a basis for promotion reconsideration.  The PERSCOM recommended that his request be denied.  The opinion was provided to the applicant for comment and to date no response has been received.

Army Regulation 600-8-19 serves as the authority for enlisted promotions and promotion reconsideration by a STAB.  It states, in pertinent part, that promotion reconsideration will not be granted for the absence of documents that are dated subsequent to the convening of a promotion board or the absence of a photograph.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 received promotion reconsideration to the pay grade of E-9 by a duly constituted STAB, his records were correct when reviewed and he was not selected for promotion by that Board.  It is also noted that the STAB reviewed the award of the MSM which was dated after the original board that should have considered his records and although it was incorrectly reviewed, he was still not selected. 

3.  The applicable regulation specifically provides that promotion reconsideration is not authorized in cases where a photograph was absent and the Board finds no basis to grant him one at this time.

4.  The Board finds that the applicant’s records were properly reviewed by a STAB and based on the evidence submitted as well as the evidence of record, there appears to be no basis for an additional review.

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

____be__  __rvo ___  ___lds___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042688	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000/STAB	
2.		
3.		
4.		
5.		
6.