MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AR2002066458

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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:  Certificate of completion for the Combined Arms and Services Staff School (CAS3).

APPLICANT STATES:  In effect that he was erroneously told that the failure to complete CAS3 would not hinder his future military promotions. He also contends that the Department of the Army (DA) Mandatory Board composed of Reserve officers was unaware of the educational requirements for promotion in the Army National Guard.

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

The applicant is currently serving in the Arizona Army National Guard in the grade of Captain.  He was promoted to the grade of Captain on June 26, 1993.  

The DA Mandatory Promotion Board for captain to major for the year 2000 considered his records and he was recommended for promotion.  Records also show that he is currently in a delay status pending a position vacancy. 

The applicant's Official Military Personnel File does not contain a certificate of completion for CAS3.  The applicant did not provide a completion certificate for CAS3.

A 2 December 2001 memorandum for record prepared by a member of the Office of the Arizona Army National Guard Staff Judge Advocate states: "On 12 August 2000,an academic misconduct board was conducted regarding allegations of plagiarism by [applicant] at the Combined Arms and Services Staff School (CAS3)."

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 major an individual must have completed Combined Arms Services Staff School (CAS3), 7 years of time in grade (TIG) as a captain, and an officer advanced course (OAC) on or before the convening date of the respective promotion board; and that upon a nonselection by a promotion board an individual’s promotion eligibility date (PED) will be adjusted by 1 year, accordingly; and that the individual will receive mandatory promotion consideration prior to their PED’s so that, if selected, they may be promoted on their future PED.

The Secretary of The Army, Memorandum of Instructions for the Calendar Year 2000 Reserve Components Major, Army Promotion List (APL) Promotion Selection Boards dated March 3, 2000, states in section 2d(2): "For this board, completion of Combined Arms and Services Staff School (CAS3) is not a criterion for promotion/selection."

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 considered the applicant's request for a completion certificate for CAS3.  However, evidence of record does not show that the applicant successfully completed the course.  Therefore, there is no basis for issuing the applicant a completion certificate.

2.  The Board noted the applicant's contention that the DA Mandatory Board composed of Reserve officers was unaware of the educational requirements for promotion in the Army National Guard.  However the contention is without merit since the promotion selection board was in compliance with Memorandum of Instructions from the Secretary of the Army and the selection board recommended the applicant for promotion.

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 either 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

__RVO__  ____SK__  __JOI___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066458	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.0100.0000	
2.		
3.		
4.		
5.		
6.