MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  .

	BOARD DATE:  30 October 2001
	DOCKET NUMBER:  AR2001059451

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Arthur A. Omartian		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, reconsideration for promotion to lieutenant colonel and that he be reinstated in the Ready Reserve in order to complete 
20 years of qualifying service for retirement.

APPLICANT STATES:  That his original request to have his records reviewed for consideration for promotion were misplaced by personnel at the Army Reserve Personnel Command (AR-PERSCOM).  A second request was forwarded along with his promotion packet, which was received at AR-PERSCOM; however, this request was also misplaced.  He enrolled in the CGSC through the 3288th US Army Reserve Forces (USARF) School and after completion of one year of class, his instructor relocated to another city at the scheduled start of Phase 2.  His civilian occupation made it difficult for him to completed CGSC through correspondence and he later switched to a job that allowed him to enroll in CGSC through the 108th USARF School.  On 25 June 2000, he completed 50 percent of the CGSC. In summary, he states that he would like to continue his Reserve career, preserve his 17 years of service, and be provided the opportunity to complete 20 years of qualifying service for retirement.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the US Army Reserve (USAR) on 29 August 1975, as a medic for a period of
6 years.  He was honorably discharged on 13 December 1977, in order to accept a commission in the USAR.  He was appointed as a Reserve commissioned officer in the rank of second lieutenant effective 14 December 1977.

He was ordered to active duty for training (ADT) on 24 April 1978 and was released from ADT on 23 July 1978.

He was promoted to the rank of major/0-4 on 12 December 1992.

Informal coordination with the staff of the Promotions and Notifications Branch, Office of Reserve Components Promotions, revealed that the applicant was considered, but was not selected, for promotion to lieutenant colonel by the 1998 Reserve Component Selection Board (RCSB) because he did not meet military education requirements.  The applicant was subsequently considered for promotion to lieutenant colonel by the 1999 RCSB, but was not selected again because he did not meet military education requirements.  Information also revealed that the applicant had not completed 50 percent of the CGSC on 25 June 2000.

The applicant’s records show that he had not met the military educational requirements prior to the convening dates of the RCSB’s.

On 1 August 2000, the applicant was discharged from the USAR under the provisions of Army Regulation 135-175, due to his failure to be selected for promotion after second consideration.
A copy of the applicant’s chronological Statement of Retirement Points
(Summary Points/Inquiry/Update) was provided by AR-PERSCOM to a staff member of the Board.  The document indicated that the applicant had completed 16 years of qualifying service for retirement purposes.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to captain through lieutenant colonel.  The regulation provides that in order to be qualified for promotion to lieutenant colonel an individual must have completed 50 percent of the CGSC, 7 years of time in grade (TIG) as a major, and an officer advanced course (OAC) on or before the convening date of the respective promotion board.

Title 10, U.S. Code, section 14506, states that an officer in the grade of major
who twice fails to be selected for promotion to lieutenant colonel will be removed from an active status when he completes 20 years of commissioned service.

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or,
if qualified and if they so request, will be transferred to the Retired Reserve.
Paragraph 7-4 requires removal of officers who are twice not selected for promotion to chief warrant officer three, chief warrant officer four, captain, major,
or lieutenant colonel.

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.  The Board notes that the applicant was properly considered for promotion by the 1998 and 1999 RCSB’s.  The Board also notes that he was not selected for promotion and that he was subsequently removed from the Ready Reserve
based on his nonselections.  The Board further notes that, as a major, he was
required to complete 50 percent of the CGSC prior to the convening date of the RCSB’s.

2.  There is no evidence of record, and the applicant has provided no evidence, to show that his civilian occupation prevented him from completing CGSC through correspondence, or to show that he completed 50 percent of the CGSC on 25 June 2000.  Therefore, he is not entitled to reinstatement to the Army Reserve or promotion reconsideration to lieutenant colonel.

3.  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.  

4.  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

__ca___  __ho___  __ao______  DENY APPLICATION

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

INDEX

CASE ID	AR2001058654	
SUFFIX		
RECON		
DATE BOARDED	20011030	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19981208	
DISCHARGE AUTHORITY	AR  140-10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310		
2.		
3.		
4.		
5.		
6.