MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 April 2003                  
	DOCKET NUMBER:   AR2003084407

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Marla J. N. Troup		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:  In effect, that his discharge as a captain be revoked and that he be reconsidered for promotion to major.

APPLICANT STATES:  Even though he had requested the officers advanced course in a timely manner, he did not start the course until after the major promotion board convened.  This was due to delays encountered because nobody in his command could operate the training data base.  He had been told he had to wait until someone was assigned to the vacant position which was responsible for obtaining training seats.  This resulted in his not being selected for promotion the second time, which required his removal as an officer.  When he finally went to his advanced course, he was selected as an honor graduate.

In support of his request, he submits his Academic Evaluation Report for his officers advanced course, and selected Officer Evaluation Reports.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  The following information is derived from documents submitted by the applicant, himself.

On 10 January 2002, orders were published discharging the applicant as a captain, USAR, effective 10 February 2002.

On 20 February 2002, the US Army Reserve Command (USARC) responded to the applicant’s elected representative.  In that response, it was explained that the applicant was twice nonselected for promotion.  As a result of that nonselection, he had to be discharged as an officer as an operation of law.

On the date the applicant submitted his request, he was serving in the USAR as a sergeant, pay grade E-5.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection board (SSB) 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.  

This regulation further specifies that Headquarters, Department of the Army, is the approval authority for all requests for exception to non-statutory promotion requirements (i.e., civilian education), and that requests must contain complete justification.  

Under the Reserve Officer Personnel Management Act (ROPMA), in order to be qualified for promotion to major, an individual must have completed 7 years of time in grade as a captain, an officer basic course, and a Bachelors Degree on or before the convening date of the respective promotion boards.  

Army Regulation 135-175 sets forth the basic authority for the separation of Reserve Component officer personnel.  Chapter 4 of that regulation describes the conditions under which Army Reserve officers may be discharged from their status as Reserves of the Army.  Paragraph 4-4a provides that members of the Army Reserve who are nonselected for promotion for the second time will be removed from an active status and discharged or transferred to the Retired Reserve (if eligible) (Title 10, US Code, Section 3846).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was properly discharged due to his being twice nonselected for promotion to major.  

2.  While the applicant contends that he requested attendance of the advanced course in a timely manner, he has not submitted any documentation to substantiate his contention.

3.  Since the applicant knew he would not complete his advanced course prior to the date the promotion board convened, he should have requested a waiver of the military education requirement prior to the promotion board convening date.  That was the time to request a waiver, not after he was nonselected for promotion and discharged.

4.  Since the applicant did not request a waiver, there is no material error in which to justify an SSB.

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

___fne___  ___mjnt _  ____le __  DENY APPLICATION

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

INDEX

CASE ID	AR2003084407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030410	
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.	131.10	
2.		
3.		
4.		
5.		
6.