RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060013249 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Roland S. Venable

Member

	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 correction of his records to show that he was promoted to captain effective 1 April 1999. 

2.  The applicant states, in effect, that he believes his not being promoted to captain is in error.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was on active duty in the United States Army as a specialist, pay grade E4.

2.  Orders 180-4, Puerto Rico State Area Command, Army National Guard, San Juan, Puerto Rico, dated 8 September 1993, promoted the applicant to first lieutenant in the Puerto Rico Army National Guard, effective 30 May 1993.

3.  Memorandum, United States Total Army Personnel Command, dated 11 July 1994, promoted the applicant to first lieutenant in the United States Army Reserve (USAR) effective 30 May 1993.

4.  Memorandum, United States Total Army Personnel Command, dated 
26 March 2002, notified the applicant that a Department of the Army Reserve Components Selection Board was convened on 13 November 2001 to consider officers of his grade for promotion.  It advised him that he was nonselected for a second time and must be discharged in accordance with title 10, United States Code, section 14513, or Army Regulation 140-10, not later than 1 October 2002, unless he was eligible for and requested transfer to the Retired Reserve.

5.  Orders D-04-216961, USAR Personnel Command, dated 18 April 2002, discharged the applicant from the USAR, effective 1 October 2002.  

6.  Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) provides, in pertinent part, that officers twice nonselected for promotion to captain will be discharged.




DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was a two-time nonselect for promotion to captain and was accordingly discharged.  

2.  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 the aforementioned requirement.

3.  In view of the above, the applicant's request should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JTM___  ___LDS_  __RSV___  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.





_     Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR20060013249
SUFFIX

RECON
 
DATE BOARDED
20070322 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
131.1000
2.

3.

4.

5.

6.