MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 June 2002
	DOCKET NUMBER:  AR2002067473

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Kathleen A. Newman		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:  That his United States Army Reserve (USAR) officer commission be reinstated.

APPLICANT STATES:  In effect, that he understood that he was transferred to the inactive Ready Reserve.  Promotion board appearances were not satisfied due to USAR commanders sending correspondence to an incorrect address for him.

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

That he was appointed as a USAR commissioned officer in the grade of second lieutenant (2LT) from Eastern Michigan University Reserve Officer Training Corps (ROTC) on 1 May 1987, and assigned to the USAR Control Group (Reinforcement).  On 6 January 1988, he was reassigned to a USAR Troop Program Unit (TPU), the 524th ASA Company, Detroit, Michigan.  On 
16 September 1988, he was reassigned to the Headquarters and Headquarters Section, 314th Military Intelligence Battalion, Detroit, Michigan.  He received an annual Officer Evaluation Report for the period 1 May 1987 through 4 May 1988, that was a center-of-mass, always exceeds requirements, and promote with contemporaries report.  On 1 June 1989, he was reassigned to A Company, 314th Military Intelligence Battalion, Detroit, Michigan.  He attended the Military Police Officer Basic Course (OBC) on active duty for training at Fort McClellan, Alabama, from 24 April 1990 through 18 January 1991.  He received an academic evaluation report showing that he achieved course standards.  Following OBC, he was returned to A Company.  On 16 April 1990, he was promoted to first lieutenant (1LT).  On 5 August 1992, he was transferred from Company A to the Control Group (Annual Training) due to unsatisfactory participation in Company A.  His home address was listed on Lawn Road.

He was considered for promotion to captain (CPT) by the 1994 and 1995 Reserve Components Selection Boards and was not selected for promotion.  He was honorably discharged from the USAR 8 May 1995, due to being twice non-selected for promotion.  Discharge orders were sent to his address on Lawn Road.

Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 4-5.1, states, in pertinent part, that a TPU officer who accrues 9 or more unexcused absences in a 12 month period may be involuntarily transferred to an appropriate control group of the IRR.  Paragraph 
4-2, states, in pertinent part, that a soldier who has not completed 3 years active duty and has not completed his or her statutory obligation, is authorized assignment to the control group (Annual Training).  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and 

Enforcement Procedures), paragraph 3-7, states, in pertinent part, that persons commissioned on or after 1 June 1984, incur an obligation for 8 years.  

Army Regulation 140-10, paragraph 8-2, states, in pertinent part, that transfer to the Standby Reserve Inactive List, during which time they cannot be considered for promotion, is authorized only for key employees and general officers.

Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that a 1LT will be considered for mandatory promotion to CPT at 4 years time-in-grade as a 1LT.

Army Regulation 135-175 (Separation of Officers), paragraph 4-4, states that an officer will be discharged for failure to be selected for promotion after second consideration by a Reserve Components Selection Board.

Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), paragraph 3-2a(2), states that it is the responsibility of soldiers assigned to control groups to promptly report any change of address to the commander, Army Reserve Personnel Command.

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 was correctly and justly discharged, according to regulation, for two-time nonselection to the rank of CPT USAR.  There is no personal appearance authorized before an officer mandatory promotion board so the applicant was not denied such an opportunity.  The applicant was responsible for ensuring that the commander, AR-PERSCOM, had his correct mailing address.  It is noted that the applicant was correctly transferred from a TPU to the Control Group (Annual Training), according to regulation, due to unsatisfactory participation.

2.  In view of the foregoing, there is no basis for granting the applicant's request to reinstate his commission.

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

___iw___  ___rd___  __kn___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067473	
SUFFIX		
RECON		
DATE BOARDED	20020627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19950508	
DISCHARGE AUTHORITY	AR 135-175	
DISCHARGE REASON	Nonselection for Promotion	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03 - Reinstatement	
2.		
3.		
4.		
5.		
6.