MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 March 2001
	DOCKET NUMBER:  AR2000046937

	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:

	Mr. Roger Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 major.

APPLICANT STATES:  That the possibility that his promotion packet was incomplete may have caused his non-selection.  He submits copies of several of his officer evaluation reports (OER’s), awards and training certificates, Personnel Qualification Records, and civilian education documentation in support of his request. 

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

He was appointed in the Reserve with prior enlisted service as a second lieutenant effective 14 February 1986.  He was promoted to first lieutenant effective 13 February 1989 and captain 12 February 1993.

He was considered and not selected for promotion to major by the 1999 and 2000 Reserve Components Selection Boards (RCSB’s).  The boards did not divulge the reason(s) except that it was not for lack of military education.

His records were complete and without material error when reviewed by the RCSB’s.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection 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.

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion that a review of the applicant’s records revealed that it was complete when considered by the 1999 and 2000 RCSB’s and the applicant does not have a basis for consideration by an SSB.  All critical elements were present in the board consideration.  Based on the facts presented, it was recommended the applicant’s request be denied.

The opinion was forwarded to the applicant for rebuttal on 27 November 2000.  He did not respond.

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 major 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 possibly his records were incomplete; however his OER’s, highest level of military and civilian education were reviewed by the selection boards.

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 and 2000 RCSB’s.

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

__ra__  ___bl_____  ___wp_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046937	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010308	
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.