MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           16 October  2001                  
	DOCKET NUMBER:   AR2001059196

	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. Raymond V. O’Connor . 		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Ms. Regan K. Smith		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:  Removal of records of passovers to the rank of major while in the USAR Army Nurse Corps (ANC).

APPLICANT STATES:  That he was passed over for major due to lack of having a civilian education qualifying him for such rank.  He also states that he does indeed have such education, i.e., Bachelor of Science degree in nursing.

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

He was appointed in the Reserve, ANC, second lieutenant effective 4 December 1987.

His officer record brief, dated 9 November 1994 and his Record of Award of Entry Grade Credit (Health Services Officers) show that he was awarded a Bachelor of Science Degree in Nursing from the University of New Mexico on 18 December 1987.

He entered on active duty effective 12 April 1988.  He attained the grade of captain effective 1 May 1992.

He was released from active duty in the grade of captain effective 1 August 1995 and transferred to the USAR Control Group (Reinforcement).

Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for major was 30 April 1999.

He was considered and not selected for promotion to major by the 1998 and 1999 Reserve Components Selection Boards (RCSB’s).  The boards did not divulge the reason(s) except that it was not for a lack of civilian education.  The President approved the 1999 promotion board results on 31 August 1999.

His records were complete and without material error when reviewed by the 1998 and 1999 RCSB’s.

He was not separated by 1 March 2000, as required by pertinent regulation based on the non-selections.

On 20 June 2000, he was erroneously appointed in the Reserve, medical specialist branch (SP) as a first lieutenant, with a date of rank of 28 May 1997.

His appointment to the SP was voided on 23 May 2001.

There is no record of reinstatement to his previous status as a captain, ANC.

The 1998 and 1999 RCSB’s non-selections remained valid.
Current promotion policy specifies 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 policy also provides that individuals twice not selected for promotion to major will be transferred to the Retired Reserve if they are eligible and request such transfer, or retained in the active Reserve when more than 18 but less than 20 qualifying years of service have been completed, or discharged 7 months after approval of the board results.

The Chief, Promotion and Notifications Branch, Office of Promotions, Total Army Personnel Command, expressed the opinion that the applicant does not have a basis for promotion by a special selection board.  He was considered but non-selected by the 1998 and 1999 promotion boards.  His file, when viewed by the boards, included all pertinent documents required for promotion consideration.  The reasons for his non-selections are not known, as selection boards do not divulge the reasons for selecting nor non-selecting officers for promotion.  It is known that the applicant was not non-selected based on civilian education.  Verification of the education was viewed on the microfiche on his Record of Award of Entry Grade Credit (DA Form 5074-1-R).  Section a, Item 5, (Title of Degree) of the form shows the applicant possessed a Bachelor of Science Degree upon his appointment.  Since the selection boards viewed all pertinent documents, the applicant does not have a basis for special board consideration.  Based on these facts, it was recommended that his request be denied.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 22 August 2001.  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, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to removal of his non-selections from his records.  He has not shown error or injustice for the relief he now requests.

2.  His contention that his Bachelor of Science degree was not seen by the 1998 and 1999 promotion boards has been noted by the board; however, it is not sufficiently supported by his application or the evidence of record.  He has not shown material error in his records.  The promotion board viewed his highest level of civilian education.

3. It is further noted that selection boards are not required to divulge the proceedings or the reason(s) for selection or non-selection, except where an individual is not qualified due to non-completion of required military schooling. The boards did not show disqualification for the lack of the necessary education.

4.  As shown in this case, promotion is not automatic based on qualifications alone, but includes a competitive process of a selection board determining an individual's potential and ability to perform at the higher grade.  Promotion and retention is keenly competitive, and many officers are not selected.

5.  His records were complete and without material error when reviewed by the 1998 and 1999 RCSB’s.

6.  The Board also notes that the applicant was required by pertinent regulations to be separated on 1 March 2000 based on his two non-selections.

7.  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.

8.  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

_dph____  _rvo___  _rks____      DENY APPLICATION

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

INDEX

CASE ID	AR2001059196	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011016	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.10	
3.		
4.		
5.		
6.