MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 July 2001                  
	DOCKET NUMBER:   AR2001051960

	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. Walter T. Morrison . 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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:  In effect, that her civilian and military education and two officer evaluation reports (OER’s) were missing from her records when they were reviewed by the 1997 Reserve Major Promotion Board.  She submits copies of her civilian education degrees, military education completion certificates, a letter of recommendation for promotion, her personnel qualification record and OER’s ending 31 August 1997 and 31 July 2000 in support of her application.

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

She was appointed in the Reserve as a second lieutenant effective 12 May 1984. She was promoted to first lieutenant effective 2 February 1987 and to captain effective 1 February 1991.

Based on the required 7 years time in grade her promotion eligibility date (PED) for major was 31 January 1998.

She was considered and not selected for promotion to major by the 1997 Reserve Components Selection Board (RCSB) that convened on 11 March and adjourned on 11 April 1997.  The boards did not divulge the reason(s) except that it was not for lack of military education.

She was also considered but not selected by the 1998 RCSB, which convened from 24 March 1998 to 29 April 1998.

Her records did not contain material error when considered by the 1997 and 1998 selection boards.

Current Reserve promotion policy specifies that promotion reconsideration by a special selection board (SSB) 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 policy further specifies that individuals will receive mandatory promotion consideration prior to their PED's so that, if selected, they may be promoted on their future PED.

The Chief, Promotion and Notifications Branch, Office of Promotion, Total Army Personnel Command, expressed the opinion that the applicant does not have a basis for consideration by an SSB.  The applicant’s highest civilian education of her Master Degree, certificate for completion of the Combined Arms and Service Staff School and advanced course certificate were viewed by the 1997 RCSB on microfiche or as hard copy documents.  The OER’s ending 8 August 1997 and 
31 July 2000 were after the selection board; therefore, they were ineligible for consideration by the board.  The other documents the applicant submitted are not pertinent documents that would be considered a basis for special board consideration.  In view of the facts presented, it was recommended that the applicant’s request be denied.

The opinion was forwarded to the applicant for rebuttal on 7 May 2001.  She 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.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  Her contention that her civilian and military education were not reviewed by the 1997 RCSB has been noted by the board; however, her highest level of civilian and military education were reviewed by the selection boards.  Her contention that OER’s for the periods ending 8 August 1997 and 31 July 2000 were not viewed by the 1997 RCSB has also been noted; however, these OER’s were rendered on the applicant after the adjourning date of the boards and were ineligible for consideration and are not a basis for reconsideration by an SSB.  Her contentions concerning other documentation also does not show material error requiring promotion reconsideration.

3.  Her records were complete and without material error when reviewed by the 1997 and 1998 RCSB’s and she has not shown otherwise.

4.  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.

5.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  Given that the applicant became a captain in 1991 and that she had to be considered by an RCSB so that, if selected, she could be promoted by the time she had served 
7 years in grade, the applicant knew, or should have known, that she would be considered by an RCSB as early as 1997 and that she needed to insure, well in advance, that her record would present her career and qualifications to that board in the best possible light.

6.  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.

7.  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

_wtm____  _jtm___  __aao___     DENY APPLICATION

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

INDEX

CASE ID	AR2001051960	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.