MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 March 2001 
	DOCKET NUMBER:  AR2000050596

	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. Shirley Powell		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John P. Infante		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.

APPLICANT STATES: In effect, he receive a fair opportunity for promotion which was denied due to an administrative error on the part of the USAR Command’s office of promotions

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

He was appointed in the Nevada Army National Guard as a second lieutenant effective 25 July 1975.  He attained the grade of captain effective 23 July 1982.

He was promoted to major effective 15 August 1989 with a date of rank of 22 July 1989.  Based on the 7 years time in grade requirement his promotion eligibility date for lieutenant colonel was 21 July 1996.

He was erroneously not considered for promotion to lieutenant colonel by the 1995 through 1997 Reserve Components Selection Boards (RCSB’s).

On 8 December 1998, the Office of Promotions, Reserve Components advised the applicant that he was in the zone of promotion consideration by the 1995 through 1998 RCSB’s and his file was omitted from those boards.  He was also advised of his promotion eligibility providing he was educationally qualified.  He was further advise to apply to the Correction Board to request special board consideration prior to 1 October 1996.  

He was considered and not selected for promotion by the 1998 and 1999 RCSB’s.  He was not qualified for promotion based on the lack of the required military education.

On 23 February 2000, the Office of Promotions, Reserve Components, PERSCOM, advised the applicant that his files were omitted from the 1995 through 1997 RCSB’s as an oversight.  At the time of his 8 December 1998 letter it was not known that he had been considered by the 1998 RCSB.  He had not completed 50 percent of the Command and General Staff Officers Course (CGSOC) when the board convened and he was not qualified or selected.  His file was considered by the 1999 RCSB and he will be notified of the results upon the board’s approval and release.  

He completed 50 percent of the CGSOC on 31May 2000.

On 25 September 2000, the applicant was advised through his Congressional Representative that since he has been retained on the active status list, he has been identified to the 2000 RCSB scheduled to adjourn on 6 October 2000.

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 nonconsideration 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 education.

This regulation further specifies that in order to be qualified for promotion to lieutenant colonel, an individual must have completed 7 years of time in grade as a major, and 50 percent of the CGSOC on or before the convening date of the respective promotion board; that upon a non-selection by a promotion board an individual’s promotion eligibility date (PED) will be adjusted by 1 year, accordingly; and that individuals will receive mandatory promotion consideration prior to their PED’s so that, if selected, they may be promoted on their future PED.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to lieutenant colonel.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that he has not received fair promotion consideration.  However, the applicant has been afforded the opportunity for promotion reconsideration to lieutenant colonel under 1998, 1999 and 2000 criteria.  He was not selected under 1998 and 1999 criteria based on lack of the required military education.  The results of the 2000 reconsideration have not been released and the applicant will be notified upon their approval.

3.  The Board also noted that while the applicant was erroneously omitted from the 1995 through 1997 boards, the applicant was not educationally qualified in 1995, 1996 and 1997 and does not have a basis for reconsideration by a special board for those years.  Since he did not complete the required military education until 31 May 2000, he would not have been qualified or selected based on the fact that he had not completed the required military education.  

4.  The Board further notes that the applicant knew or should have known that completion of 50 percent of the Army CGSOC, was a long standing regulatory requirement.  The general requirements and workings of the system are widely known and specific details such as RCSB dates, promotion zones, and educational requirements are widely published in official, quasi-official and unofficial publications, and in official communications.  The applicant needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__sp__  ___rs_____  ___ji_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050596	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
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.