MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 January 2001
	DOCKET NUMBER:  AR2000044559

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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 sergeant first class (SFC) E-7 by a Standby Advisory Board (STAB).

APPLICANT STATES:  Her records were not updated records to reflect her entry in the Army Guard/Reserve (AGR) program.  She further states that she would like her Army Achievement Medal (AAM) shown on her records.  She submits copies of memorandums dated 17 March and 28 June 2000, After Action Report from E-7 Selection Board President, her request for promotion consideration file dated 25 May 2000, AAM certificate and Service School Academic Evaluation Report in support of her request.

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

She enlisted in the Regular Army as a private first class E-3 on 7 August 1980.  She attained the rank of staff sergeant E-6 on 1 March 1994.

She was considered and not selected by the Calendar Year 2000 (CY00) SFC Selection Board.

Her records were complete and without material error when reviewed by the selection board.  Her Personnel Qualification Record shows award of the AAM-1 and the AAM-2, and was reviewed by the board.

Army Regulation 140-158, prescribes the policies and procedures pertaining to promotion of enlisted soldiers in the US Army Reserve. This regulation specifies that promotion reconsideration by a Standby Advisory Board (STAB) may only be based on erroneous non-consideration 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 non-selection 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.

This regulation further specifies that absence of an award for achievement or meritorious service lower than the Meritorious Service Medal (MSM) does not constitute material error.

The Chief, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM), expressed the opinion that after careful review of the applicant’s record, her request for a STAB not be favorably considered.  The 

applicant’s DA Form 2-1 was dated 12 March 1998; however, this form was corrected and updates made to item number 17 (Education), items number 18 (Appointments) and 35 (Assignments), which the board saw.  Reference item number 9 (Awards), only the award of an initial MSM or higher would be grounds for reconsideration.  In addition, the CY00 SFC Selection Board reviewed the changes made to her DA Form 2A as the one enclosed with her application for correction of military records; therefore in accordance with Army Regulation there was no material error.  It was recommended that her request for a STAB be denied.

The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 4 October 2000.  In her response dated 19 October 2000, she states that the board did not review a regular Non-Commissioned Officer Evaluation Report (NCOER) which was due at the Army Personnel Center before the convening date of the board.  She further states that an existing NCOER dated 14 April through 2 July 1999 was never processed until after 30 August 2000 and a Military Occupational Specialty (MOS) order listing the 3 MOS’s she currently holds was not a part of her records.

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 view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to SFC by a STAB.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that her records were not updated has been noted by the Board; however, a review of her promotion files showed her records were updated prior to being seen by the CY00 SFC Selection Board.  The Board further notes the selection board reviewed her records showing award of her AAM’s.  It is also noted she has not shown any material error in her case, including missing evaluation reports.

3.  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.

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

__jh____  ___kh____  ___le___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044559	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
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.