RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           18 November 2003                  
	DOCKET NUMBER:   AR2003086465

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, another reconsideration for promotion to major.  He also requests that any reference to his two time non-select status be expunged. 

2.  The applicant states that he was injured in an automobile accident that precluded his participation in an active Reserve capacity.  This resulted in his inability to attend the Advanced Course and, as a result, he was twice non-selected for promotion.  After he recovered from his accident, he enlisted.  He sought and was granted an educational waiver.  He believes that his name should be removed from the list of those considered for promotion to major by the 2001 Reserve Components Selection Board.  

3.  He presents no supporting documentation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was appointed an Army Reserve infantry officer in 1986.  His service on active duty from 6 December 1990 to 9 January 1992 included duty in Southwest Asia.

2.  He continued to participate in the Active Reserve and was promoted to captain on 25 May 1993.  He received notice of his second non-selection for promotion to major in a 26 July 2001 memorandum and was informed that he would have to be discharged.  He was discharged on 7 December 2001.

3.  He enlisted in the Army Reserve on 21 March 2002 in pay grade E-5.

4.  A 5 June 2002 memorandum from Chief Office of Promotions, Reserve Components, Total Army Personnel Command informed him that a special selection board had considered and non-selected him for promotion under the 2000 criteria.

DISCUSSION AND CONCLUSIONS:

1.  There is no direct evidence that the applicant was granted an educational waiver, but apparently he was.  Certainly, he was re-considered for promotion to major by a special selection board.  

2.  There is insufficient available evidence to support a decision to grant the requested relief.  The applicant has already received re-consideration for promotion to major by a special selection board and there is no evidence or argument to support expunging the record of his non-selections.  
3.  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.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MDM _  __JNS___  __BJE __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		___   John N. Slone ___
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	 	
DATE BOARDED	20031118 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.