MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           29 January 2002
	DOCKET NUMBER:   AR2001061432

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Karen A. Heinz		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:  Reconsideration of his request that his failure to be selected for promotion to lieutenant colonel be set aside and that he be reconsidered by a special selection board.

APPLICANT STATES:  In effect, that he is deserving of promotion to lieutenant colonel based upon his performance, but that promotion board members went to the Fiscal Year 1999 (FY99) Lieutenant Colonel, Army Competitive Category, Promotion Selection Board with "pre-selected lists" resulting in less qualified officers being promoted over him.  In support, he provides:  a copy of a self-authored memorandum to the President of the FY99 Board, dated 24 February 1999, in which he explains non-rated time from 880730-881130; and a copy of an undated letter from the US Army Military Personnel Center (PERSCOM) advising him that the period 830316-831023 was unaccounted for in evaluation reports.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records, which were summarized in a memorandum, prepared to reflect the Board's original consideration of his case on 22 February 2001 (AR2000042901).  The applicant provides new evidence in the form of the two documents mentioned above.  He contends that these documents were presented to the promotion board, but not considered in the selection process.

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 applicant's statement that promotion board members had "pre-selected lists" of officers who were promoted over him is without merit.

3.  There is no evidence that the applicant's non-rated periods operated against him in the promotion consideration process.

4.  The overall merits of the case, including the latest submission from the applicant, are insufficient as a basis for the Board to reverse its previous decision.

5.  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

__AAO__  __MHM__  __KAH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001061432	
SUFFIX		
RECON	20010222	
DATE BOARDED	20020129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.0100	
2.		
3.		
4.		
5.		
6.