MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                      20 July 2000
	DOCKET NUMBER:             AR1999030215

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Kenneth L. Wright		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APPLICANT REQUESTS:  In effect, that his transfer to the Retired Reserve be rescinded and that he be promoted to major and reinstated in the U.S. Army Reserve.

APPLICANT STATES:  In effect, that he was discharged as a captain in April 1992 and served 2 years in the Army Reserve.  He also states that in 1994 he was transferred to the Individual Ready Reserve (IRR) and was informed 
several times that he could reenter the Active Army; however, he was never informed that he needed additional education.  In 1995 he was informed that he was passed over for promotion to major which did not concern him because he was unable to reenter the Active Army.  He further states that in 1998 he received a letter informing him that he had been passed over twice.  In January 1999 he received a letter stating that he was transferred to the Retired Reserve.  
He goes on to state that he has been informed that the Army has a need for Captains as well as Chaplains; however, he is unable to serve due to his transfer to the Retired Reserve and his lack of military education, which resulted in his twice non-select for promotion to Major.  He concludes by stating that he served 13 years without a flaw, has a lot to offer the Chaplains Corps as well as the Active Army and he should be reconsidered.

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

The applicant enlisted on 29 June 1977 as a secretary and continued to serve until he was honorably discharged on 7 September 1984 in order to enter the Reserve Officer Training Corps (ROTC).  He was appointed as a second lieutenant in the Regular Army on 30 May 1986 in the Field Artillery Branch.

The applicant completed the Officer Advanced Course (OAC) on 19 December 1990.

He was promoted to the rank of Captain/0-3 on 1 January 1991.

On 19 February 1992, the applicant submitted his request under the provisions of Army Regulation 635-120, chapter 3 for unqualified resignation.

On 8 April 1992, the separation authority approved the applicant’s request and recommended that he be honorably discharged under the provisions of Army Regulation 635-120, Chapter 3, Voluntary Separation Incentive Program-Special Separation Benefit (SSB).  The applicant was discharged on 15 April 1992.  He had a total of 13 years and 25 days of creditable service.  He was transferred to the USAR Control Group (REINF) on the same day with a service obligation of 14 April 1995.

The applicant was considered but not selected for promotion to major by the 1997 and 1998 Reserve Components Selection Boards (RCSB’s).  

The applicant’s records show that he had not completed CAS3 prior to the convening dates of the RCSB’s.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve Officers.  The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve Officers in an active status for promotion to captain through lieutenant colonel.  The regulation provides that in order to be qualified for promotion to major an individual must have completed CAS3, 7 years of time in grade (TIG) as a captain and an officer advanced course (OAC) on or before the convening date of the respective promotion board; and that upon a nonselection by a promotion board an individual’s promotion eligibility date (PED) will be adjusted by 1 year, accordingly; and that individual will receive mandatory promotion consideration prior to their PED’s so that, if selected, they may be promoted on their future PED.

In pertinent part, Army Regulation 135-155 states that an officer who twice fails to be selected for promotion to captain, major and lieutenant colonel will not again be considered for promotion and will be removed from an active status.

Army Regulation 135-155 also provides that individuals twice not selected for promotion to major will be transferred to the Retired Reserve if they are eligible and request such transfer, or retained in the active Reserve when more than 
18 but less than 20 qualifying years of service have been completed, or discharged.

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.  The Board noted that the applicant was properly considered for promotion 
by the 1997 and 1998 RCSB based on his promotion eligibility date (PED) of 31 December 1990.  The Board also noted that he was not selected for promotion by the 1997 and 1998 RCSB’s and that he was subsequently transferred to the Retired Reserve based on his nonselections.

2.  Evidence of record shows that the applicant had not completed CAS3 prior to the convening dates of the RCSB’s.  Willingness to complete CAS3 at a later date is not a basis for promotion reconsideration.  As a captain he is required to complete CAS3 for promotion prior to the board date. 

3.  There is no evidence of record, and the applicant has provided no evidence, that a material error existed in the promotion file considered by the 1997 and 1998 RCSB’s.  Therefore, the applicant is not entitled to promotion reconsideration to major, withdrawal of his transfer to Retired Reserves and reinstatement to the Army Reserves.

4.  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.

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:

SAC____  AMC____  KLW____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR1999030215	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000720	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920419	
DISCHARGE AUTHORITY	AR1999030215	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  310		
2.		
3.		
4.		
5.		
6.