MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2003     
	DOCKET NUMBER:   AR2003086417

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		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:  In effect, reconsideration for promotion to Chief Warrant Officer Four (CW4).  

APPLICANT STATES:  In effect, that he was passed over twice for CW4 and discharged.  He contends that he would like to come back on active duty.  In support of his application, he submits a letter of explanation, dated 18 February 2003; a copy of a DD Form 214 (Report of Transfer or Discharge) for the period ending 27 March 1973; a DD Form 215 (Correction to DD Form 214), dated 
12 November 2002; orders for the Bronze Star Medal, dated 18 November 1970; orders for the Air Medal, dated 19 March 1970; orders for the Air Medal (Second Award) with "V" Device, dated 7 April 1970; orders for "Award of the Master Army Aviator," dated 15 September 1987; reassignment orders, dated 16 February 1972; orders designating him as an instructor pilot, dated 29 April 1971; orders certifying him as an instructor pilot, dated 13 April 1972; orders appointing him as a maintenance test pilot, dated 1 March 1978; four Officer Evaluation Reports; and an Officer Evaluation Report Support Form.    

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

The applicant enlisted in the Regular Army on 28 October 1968 for a period of 
2 years.  He was honorably discharged on 19 October 1969 to accept a Warrant Officer appointment.  He was appointed as a Reserve Warrant Officer One on 
20 October 1969 and entered active duty.  On 27 March 1973, the applicant was released from active duty in the rank of CW2.  The applicant was promoted to CW3 on 6 April 1981.   

The applicant was considered but not selected for promotion to CW4 by the 1989 Reserve Components Selection Board (RCSB).  He was again considered but not selected for promotion to CW4 by the 1990 RCSB.

On 22 September 1990, the applicant was honorably discharged from the USAR Ready Reserve under the provisions of Army Regulation 135-175.

Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers), paragraph 4-27b, states that an officer who twice fails to be selected for promotion to the grade of W-3, W-4, captain, major, or lieutenant colonel will not be considered again for promotion.

Army Regulation 135-175 provides policy, criteria, and procedures governing the separation of officers of the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days.  Paragraph 4-4 pertains to the removal from an active status.  It states, in pertinent part, that officers in the grade of a chief warrant officer, W-2, or W-3, who completed their statutory military obligation, will be discharged for failure to be selected for promotion after second consideration by a DA Reserve Components 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 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 applicant was properly considered by the 1989 RCSB for promotion to CW4 and not selected.  He was also properly considered by the 1990 RCSB for promotion to CW4 and not selected.  As a result, he was properly discharged as required by regulation.  The applicant has not shown error or injustice for the relief he now requests.  Therefore, there is no basis to grant the applicant promotion reconsideration.
  
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

AAO____  TL______  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086417	
SUFFIX		
RECON		
DATE BOARDED	20030828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.