MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 August 2001                   
	DOCKET NUMBER:   AR2001056735

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Mr. Ronald E. Blakely		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:  That he receive constructive credit for resident attendance at the Army Command and General Staff Officer Course (CGSC) along with Year Group 1983 (YG 83) officers.  He later amended his application to request inclusion on the Alternate Battalion Command Selection List, if appropriate.

APPLICANT STATES:  That a material error caused him to be nonselected for promotion.  When the Board corrected this error, he was selected for promotion.  He believes this same material error caused him to be not selected for resident CGSC.  Constructive credit for resident CGSC attendance was given to several officers of YG 83 because of space and scheduling limitations.  A letter was included in their Official Military Personnel Files (OMPFs) which reflected that they had received constructive credit for attendance but did not attend due to administrative reasons beyond their control. 

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

That he was appointed a second lieutenant on 27 May 1981 and entered active duty on 13 July 1984.  He was promoted to Major on 1 September 1994.  A Service School Academic Evaluation Report, DA Form 1059, verifies that he completed CGSC in July 1996.  Neither the DA Form 1059 nor his Officer Record Brief specifically indicates whether CGSC was completed resident or nonresident; however, the U. S. Total Army Personnel Command (PERSCOM) confirmed that their database indicates he completed the nonresident CGSC.

In 1999, the applicant applied to the Board to have an Officer Evaluation Report (OER) removed from his records and to have his records reconsidered for promotion to Lieutenant Colonel (LTC).  The Board granted the relief requested.  His records were reconsidered for promotion to LTC and he was selected for promotion to LTC with a date of rank of 1 September 1999.  Promotion orders were issued around February or March 2001.

All the applicant’s other OERs indicate that he had always been senior rated as center of mass, even when he received a top block rating.

PERSCOM confirmed that the applicant was in the YG that was authorized “resident credit” for CGSC.  The criteria such officers had to fall under was: (1)  Been selected by the board to go to CGSC; (2)  Have completed the non-resident course and been awarded “graduate” for the non-resident course.  PERSCOM confirmed that the applicant was not selected for resident CGSC; therefore, he would not have received the “resident credit” letter.

There are no current procedures for “relook” boards for command selection as there are for promotion selection.  Primary command selectees are scheduled two years in advance of a command’s availability.  Changes are made to the alternate command selection lists every year based on a new order of merit list generated from the Command Board.  Alternate selectees are only activated by their branch when a selected officer is, as an example, deferred or turns down command.  Primary selectees can also be moved to the alternate list when the scheduled command has been deactivated or otherwise becomes unavailable during the fiscal year he or she was to take command.  

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 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.

2.  The Board acknowledges that the applicant was selected for promotion to LTC after an OER had been removed from his records per decision by the Board. However, the Board notes that on all his other OERs he had been senior rated as center of mass.  There is no indication that his records were so meritorious that he would have been selected for resident CGSC attendance absent the filing of that OER in his records.  Even if an argument were made that the selection rate for CGSC was higher than for promotion to LTC, that would not negate the fact that promotion selection boards and school selection boards consider different criteria in making their determinations for selection or nonselection.

3.  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___  __jrs___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056735	
SUFFIX		
RECON		
DATE BOARDED	20010814	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.