MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 January 2001
	DOCKET NUMBER:   AR2000044270

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Ms. Brenda F. Hirschi 		Member	
	Mr. Thomas E. O’Shaughnessy Jr. 		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:  Reconsideration of the Board's previous denial to place his corrected Official Military Personnel File (OMPF) before a standby promotion board

APPLICANT STATES:  That the Board corrected his OMPF on 29 March 2000 by restoring the first sentence of the senior rater's comment in Part VIIb of the Officer Evaluation Report (OER) for the period 930902-940817; however, the Board elected not to submit his corrected OMPF to a standby promotion board for promotion reconsideration to major.  The applicant argues that the correction to his OMPF constituted a substantive change that materially altered his record and therefore should have caused his record to be placed before a standby promotion board.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 29 March 2000 (COPY ATTACHED, AR2000038195).

The applicant was nonselected for promotion to major by the FY99 Army Competitive Category Promotion Board.  Following his nonselection, he appealed to this Board to have his record corrected by restoring the subject OER to its original state as written by his senior rater.

The subject OER was rendered as a 12-month change-of-rater report for the applicant's first year as a company commander.  The senior rater, the brigade commander, rated the applicant in block 2 of his 3-block senior rater profile, with 7 officers rated above the applicant, 16 rated with him, and 19 rated below him.  In the first sentence of his narrative comments, the senior rater stated, "My intent is for this to be an above center of mass report."  He went on to say that the applicant's performance had been "excellent," that he had exhibited "mature leadership," that he was "competent [and] resourceful," and that he should be "promoted and selected for [schooling]."  For unknown reasons, the first sentence was deleted from the OMPF copy of the report.

In directing that the senior rater's first sentence be restored to the subject report, the Board addressed the issue of promotion reconsideration and offered how the senior rater's credible profile accurately portrayed the applicant's positioning on the scale and opined that the restored sentence would have no reasonable effect on the applicant's promotion chances.

Subsequent to the Board's correction, the applicant received an OER for the period 19990204-20000203 as an evaluation officer with the US Army Test and Evaluation Command.  This report was clearly outstanding and when his records were reviewed for promotion to major by the FY00 Army Competitive Category Promotion Board during the period 18 April through 19 May 2000, he was selected for promotion.

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.  The subject OER placed the applicant slightly above center-of-mass on his senior rater's profile.  However, because the senior rater used weak language in assessing the applicant's performance, the overall effect was not one of a strong affirmation of the applicant's abilities and potential.  This Board agrees with the previous Board that the additional statement clarifying the senior rater's intent did not change the overall strength of the report to such a degree that a standby board would have promoted the applicant based solely upon its inclusion.

2.  The applicant has been selected for promotion to major by the FY00 selection board.  This Board believes the strength of the applicant's 3 February 2000 OER as a materiel acquisition specialist was the deciding factor for his promotion, not the correction to the subject OER.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__aao___  __bfh____  __teo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044270	
SUFFIX		
RECON	20000329	
DATE BOARDED	20010130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.