MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:  25 September 2003
		DOCKET NUMBER:  AR2002071481

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Regan K. Smith		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 lieutenant colonel (LTC) under 1997 criteria.

APPLICANT STATES:  That his certificate for completion of 50 percent of the Command and General Staff Course (CGSC), an award of the Army Commendation Medal (ARCOM), his diploma for the Senior Transportation Officer Qualification Course, and his diploma for a Master of Business Administration was missing from his Official Military Personnel File (OMPF) when it was viewed for promotion consideration.  Additionally, his Officer Record Brief (ORB) should have had a review date of 25 August 1997 not 1993.  In support of his application he submits copies of the above mentioned documents and information showing his attempts to correct his records.

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

At the time of his non-selection for promotion to LTC by the 1996 and 1997 Reserve Components Selection Boards (RCSB), the applicant was serving in the position of Transportation Officer in the rank of major in an Army Reserve (USAR) unit.  His available records show an Academic Evaluation Report (AER) for the Senior Transportation Officer Qualification Course was placed on his OMPF effective 28 September 1994 and was seen by the 1997 LTC promotion selection board.

Records at the Office of Promotions, Reserve Components, Total Army Personnel Command show that the applicant's record of completion of 50 percent of CGSC and his diploma for a Master of Business Administration were viewed in hard copy by the 1997 LTC promotion selection board.  There is no evidence that the board saw the award of the ARCOM.

The ORB submitted by the applicant shows his signature in the lower right corner with a date of 25 August 1993.  The upper left corner of the form shows a preparation date of 25 August 1997, which was current for the 1997 RCSB.  This ORB also shows his civilian education as an MBA, his military education as 50 percent of CGSC, and completion of the Senior Transportation Officer Qualification Course.

Army Regulation 135-155 provides the policy for selection and promotion of Reserve Component officers.  The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board.  Included in the reasons for reconsideration were an officer's correct military or civilian education level was not seen by the board and an award of the Silver Star or higher was missing from the record.
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 available evidence shows that the applicant's records, as seen by the 1997 RCSB for promotion to LTC, contained his highest military and civilian education level. 

2.  The absence of the applicant's award of the ARCOM is not a basis for reconsideration for promotion.

3.  The ORB with a date of 25 August 1997 was correct as seen by the 1997 RCSB.

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

__js____  __ls____  ___rs___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071481	
SUFFIX		
RECON		
DATE BOARDED	20030925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.11	
2.		
3.		
4.		
5.		
6.