MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 October 2001                  
	DOCKET NUMBER:   AR2001062137

	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. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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:  Consideration for promotion to the grade of colonel under 1992 and 1993 criteria and reconsideration under 1996 and 1997 criteria.

APPLICANT STATES:  That the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) advised him on 1 July 1998 that his records were not presented to the 1992 and 1993 Reserve Components Selection Boards (RCSB’s).  He also states that his records were incomplete when reviewed by the 1996 and 1997 RCSB’s.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which show the applicant is a Reserve officer who has been considered and not recommended for promotion to colonel under 1993 criteria.

The applicant’s request, dated 13 July 1998, was received and retained by the Office of Promotions, PERSCOM for authority to conduct special selection boards (SSB’s) for promotion reconsideration to colonel.

The PERSCOM, at the request of this Board, arranged for the applicant’s records to be reviewed by an USAR SSB under the 1993 selection criteria.  Thereafter, the PERSCOM advised that the officer was not recommended for promotion to the grade of colonel, USAR.

The applicant’s records have previously been reviewed by the appropriate SSB for promotion consideration to the grade of colonel, USAR under the 1992 criteria and he was not recommended.  He has been notified of these results.

Current promotion policy provides, in part, that to be fully qualified for selection, a member must be in the zone of consideration, on active duty or participating satisfactorily in Reserve training, qualified physically, morally and professionally, capable of performing the duties of the next higher grade under mobilization conditions, educationally qualified (commissioned officers only), and that, for certain specialty fields, individual must possess the appropriate SSI and/or other qualifications.

The policy further provides that, to select those who are best qualified, the selection board must first determine which members of a group are fully qualified, and that the best qualified are then selected from that group.

Under the Reserve Officer Personnel Management Act implemented on 1 October 1996, any request for reconsideration by an SSB for officers in the grade of captain and above for year criteria after 1 October 1996, must be submitted by the officer to the Office of Promotions, Reserve Components, PERSCOM.

Army Regulation 15-185 establishes procedures for making application, and the consideration of applications, for the correction of military records by the Secretary of the Army acting through this Board.  This regulation specifies that no application will be considered until the applicant has exhausted all effective administrative remedies afforded him/her by existing law or regulations, and such legal remedies as appropriately available to the applicant.

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 applicant’s available records have now been reviewed by the appropriate SSB for promotion consideration to the grade of colonel, USAR, and he was not recommended for promotion under the 1993 criteria.

2.  The consideration for promotion by the SSB has accorded the applicant a fair and complete consideration for promotion under the 1993 selection criteria as intended by statute and regulation.

3.  The Board notes that the applicant was considered and not selected by an SSB under 1992 criteria.

4.  Because promotion boards are not permitted to disclose the reasons for non-selection for promotion, there is no record of why the applicant failed to be selected.  In this regard, it must be noted that the selection board that considered the applicant for promotion was instructed to selected not only those who were considered fully qualified for promotion, but those who were considered best qualified for promotion from the fully qualified group.  Accordingly, it must be concluded that, when reviewed by the SSB the applicant’s overall record failed to meet the standards established for selection on a best-qualified basis.

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.  It is also noted that the applicant has not exhausted his administrative remedy concerning reconsideration for promotion under 1996 and 1997 criteria by requesting promotion reconsideration directly to the Office of Promotions.

7.  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 material error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_jrs_____  _cg______ _lls_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062137	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.