MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             2 October 2001                    
	DOCKET NUMBER:    AR2001057668

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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: In effect, that her records appear before a special selection board for the Fiscal Year 2000 and 2001 Sergeant First Class (SFC) (E-7) Promotion Selection Boards. 

APPLICANT STATES: That the decision for non-selection could have been affected by an unjust NCOER (Noncommissioned Officer Evaluation Report) that was part of her record and had been successfully appealed.  She provides a copy of the NCOER and all allied correspondence.

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

On 6 May 1998, while serving on an Active Duty Special Work (ADSW) tour of duty, an NCOER was prepared for the period November 1997 to March1998.  This NCOER contained the following bullet comment in Part IV, Values/NCO Responsibilities, block a “Questionable loyalty; accepted other AD tour after notification of current tour extension.”  In Part V, Overall Performance and Potential, block e, the bullet comment “Questionable loyalty; without supervisor’s knowledge, arranged for different ADSW tour.”

On 6 May 1998, she requested a Commander’s Inquiry.

On 24 September 1998, a Commander’s Inquiry concluded that the bullet comments were harmful and inappropriate and constituted an injustice against the applicant.  The commander directed this inquiry be forwarded with the NCOER.

Effective 1 February 1999, she was conditionally promoted to SFC.  She was required to successfully complete the Advanced Noncommissioned Officer Course (ANCOC) or she would be administratively reduced to her former grade of staff sergeant (SSG) (E-6).

An Academic Report for the period 10 to 23 July 1999 shows she was an academic failure in the RC3-ANCOC Phase I Class 005-99 in the area of leadership.

On 25 July 1999, she was administratively reduced to SSG based on her failure to satisfy the conditions of her promotion to SFC, i.e. failure to successfully complete ANCOC.

On 1 May 2001, the Deputy Chief of Staff for Personnel, Army Reserve Personnel Command (AR-PERSCOM) Special Review Board determined that the evidence submitted justified modification of the NCOER in question; however, promotion reconsideration was not warranted.  A corrected copy of her NCOER was placed in her records at this time.

On 11 July 2001, the Chief, Office of Promotions, Reserve Components, PERSCOM opined that the modification to the NCOER in question did not warrant favorable consideration for a Standby Advisory Board.  Further, this NCOER alone would not have caused her non-selection for promotion since the modified report on average is equivalent to several of her NCOERs.  She was considered but not selected for promotion by the 2000 or 2001 promotion boards. Her records were complete and without material error.

On 27 August 2001, a copy of the PERSCOM opinion was provided for her acknowledgement/rebuttal.  She did not respond.

Army Regulation 600-8-19 (Enlisted Promotions and Reductions) indicates, at paragraph 1-27 (NCOES requirement for promotion and conditional promotion), b (NCOES requirements for promotion. Soldier must be – (3) ANCOC graduate for promotion to SFC.  Paragraph 4-14 (Rules for processing Standby Advisory Board consideration), c. Error is considered material when there is a reasonable chance that had the error not existed, the soldier may have been selected.

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, it is concluded:

1.  The applicant is not entitled to have her records appear before a special selection board for the Fiscal Year 2000 and 2001 Sergeant First Class (SFC) (E-7) Promotion Selection Boards.  She has not shown error or injustice for the relief she is now requesting. 

2.  Since the commander directed the NCOER and the Commander’s Inquiry be forwarded on 24 September 1998, it is presumed this document was in her records at the time of promotion to SFC on 1 February 1999.  Error is considered material when there is a reasonable chance that had the error not existed, the soldier may have been selected.  Since she was previously selected and promoted with the original NCOER, it is reasonable to conclude that she could be selected with the same NCOER.

3.  She has not shown she was not properly considered for promotion by the 2000 and 2001 promotion boards.  Her records were complete and without material error when reviewed by the boards.

4.  The Board also notes the applicant previously failed to meet the conditions of promotion to SFC by being an academic failure at the ANCOC, a prerequisite for promotion to SFC.

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

_mkp___  _kak___  _rtd____       DENY APPLICATION

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

INDEX

CASE ID	AR2001057668	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.