MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 August 2002                  
	DOCKET NUMBER:   AR2002068123

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Harry B. Oberg		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:  Promotion reconsideration to chief warrant officer four (CW4).

APPLICANT STATES:  That his military education does not include the completion of the Warrant Officer Senior Course (WOSC) on 11 July 1995.  In addition he completed a flight physical at McDill Air Force Base on 3 August 2001.  He also states that he believes he has the requisite military education for promotion to CW4 and should have been promoted during the 2001 board.  In support of his application he submits a memorandum stating that he was informed that he was not promoted to CW4 due to a lack of military education and his last officer evaluation report (OER) he received from the Florida Army National Guard (FL ARNG), a copy of his Form 157 issued by the Army Institute for Professional Development, US Army Training Support Center, Newport News, Virginia and his OER for the period ending 4 May 2000.

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

He was appointed in the Reserve as a warrant officer one effective 14 March 1985.  He entered on active duty for 4 years.

He was honorably separated for the expiration of the term of service effective 13 March 1989 and transferred to the USAR Control Group (Reinforcement).  

He attained the grade of CW3 effective 4 March 1993.

He was appointed in the FL ARNG effective 8 August 1993.

The Form 157 submitted by the applicant indicates that he completed the correspondence phase of the Reserve Components Aviation Senior Warrant Officer Training Course (SWOT) effective 11 July 1995. 

He was honorably separated from the FL ARNG effective 1 October 2000 and transferred to the USAR Control Group.

He was considered and not selected for promotion to CW4 by the 2001 Reserve Components Selection Board (RCSB).  He was not qualified for promotion based on the lack of the required military education.

His records show he completed the correspondence phase of the SWOT course. His records do not show a course completion diploma or a DA Form 1059 (Service School Evaluation Report) for completion of the military education requirement of the Warrant Officer Advance Course (WOAC) or SWOT.

The OER for the period ending 4 May 2000 submitted by the applicant has not been senior rater profiled, as required for filing and promotion review purposes.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a standby promotion advisory board may only be based on erroneous non-consideration or material error, which existed in the records at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been 
corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.

Army Regulation 135-155 also states completion of the WOAC (formerly SWOT) is required for promotion to CW4.

Official records and promotion board procedures require that Departmental Senior Rater Profiles be affixed to OER’s prior to filing in individual’s records and completed 90 days prior to review by a selection board.

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 view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to CW4.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that he completed the WOSC on 11 July 1995 and that he was advised that he was not promoted due to the lack of military education and his last OER received from the FL ARNG.  However, while the documentation submitted by the applicant shows he completed the correspondence phase of the SWOT course only, his records do not show a course completion diploma or a DA Form 1059.  The Board also notes that the OER for the period ending 4 May 2000 is not senior rater profiled, as required.  

3.  The Board concludes that the applicant may submit a copy of his diploma or a DA Form 1059 and a profiled copy of the OER for period ending 4 May 2000 to the Office of Promotions and reapply for promotion reconsideration to CW4. 

4.  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.

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

_HBO___  _MKP___  _CJP___   DENY APPLICATION

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

INDEX

CASE ID	AR2002068123	
SUFFIX		
RECON		
DATE BOARDED	20020829	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.