MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 June 2003
	DOCKET NUMBER:   AR2003084569

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster		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 her discharge from the United States Army Reserve (USAR) be voided, that she be reinstated and promoted to the rank of major.

APPLICANT STATES:  In effect, that she is a fully qualified nurse and Army officer who possesses critical skills and she desires to be reinstated in the USAR and promoted to the rank of major.

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

On 6 March 1989, she was appointed as a USAR first lieutenant in the Army Nurse Corps.  She was promoted to the rank of captain on 19 May 1993, with a date of rank of 5 March 1993. 

On 24 July 2000, she was notified by officials at the Total Army Reserve Personnel Command (ARPERSCOM) that she had been twice nonselected for promotion and that her established removal date from the USAR was 1 January 2001, unless she was eligible and applied to be transferred to the Retired Reserve.  Accordingly, she was discharged under the provisions of Army Regulation 140-10 and Title 10, United States Code, section 14513,on 1 January 2001, due to being twice nonselected for promotion.

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 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.

2.  The Board has noted the applicant's contentions that she should be reinstated and promoted to the rank of major; however, she has failed to show that she was not properly considered by the promotion selection boards that failed to select her for promotion or that her record contained errors that would constitute a      re-look for promotion.

3.  Therefore, the Board finds, absent evidence to the contrary, that she was properly discharged from the USAR.

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

___lf   ___  __wtm __  ___le ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084569	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/26	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	2001/01/01	
DISCHARGE AUTHORITY	AR140-10	
DISCHARGE REASON	NONSELECTION FOR PROMOTION	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  320	131.0100/NONSELECT PROM	
2.  192	110.0300/REINSTATE	
3.		
4.		
5.		
6.