MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           10 April 2001                  
	DOCKET NUMBER:   AR2000045516

	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. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		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:  Promotion reconsideration to lieutenant colonel (LTC) under 1999 criteria.

APPLICANT STATES:  That it was determined that he had not completed 50 percent of the Command General Staff College (CGSC) and he was considered eligible for consideration for promotion.  He finished 50 percent CGSC the first week of July 1999 and did not have verification until after he sent his promotion packet in.  He further states that as soon as he received the completion document he faxed it to the board.  He submits a copy of his completion document in support of his application.

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

He was appointed in the Reserve as a second lieutenant effective 16 May 1980.

He was ordered to active duty for 3 years effective 8 July 1980.  He was promoted to first lieutenant effective 8 January 1982.

He was honorably separated from active duty for expiration of term of service effective 12 July 1983.  He was transferred to the USAR Control Group (Reinforcement).

He was promoted to captain effective 7 January 1986 and to major effective 6 January 1993.

He was considered and not selected for promotion to LTC by the 1999 Reserve Components Selection Board (RCSB).  The board did not divulge the reason(s) except that it was not for lack of military education.

His records were complete and did not contain material error when considered by the 1999 selection board.

An official of the Office of Reserve Promotions advised a staff member of the Board that the 1999 RCSB viewed the applicant’s certificate for 50 percent completion of the CGSC as a paper document.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection (SSB) board 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.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.

This regulation also specifies that a copy of the officer’s records are dispatched 30 days before the convening date of the board and officers are directed to review the records and submit copies of missing documents and other corrections.  Lack of notification does not provide an independent basis to be reconsidered by an SSB.

This regulation further provides that an administrative error was immaterial if the officer in exercising reasonable diligence could have discovered the error or omission and taken timely corrective action notifying Headquarters, Department of the Army with supporting documentation.

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 LTC by an SSB.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The board has noted his contention that the board did not see his completion of 50 percent of the CGSC; however, the completion certification for 50 percent of the CSGC was seen as a paper document.  His records included all pertinent documents when reviewed by the 1999 selection board.

3.  The Board further notes that as shown in this case, promotion is not automatic based on qualifications alone, but includes a competitive process of an RCSB determining an individual's potential and ability to perform at the higher grade.  Promotion and retention is keenly competitive, and many officers will not be selected.

4.  His records were complete and without material error when reviewed by the 1999 RCSB.

5.  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.

6.  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

_jea____   __svw______  _gp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000045516	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.