MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  1 August 2000
	DOCKET NUMBER:  AR19990302373

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Karol A. Kennedy		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:  Promotion to lieutenant colonel (LTC).

APPLICANT STATES:  In effect, that his file was incomplete and he was not selected for promotion to LTC.  He submits numerous documents from his records and a personal biographical summary in support of his request.

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

He was appointed in the Reserve from ROTC as a second lieutenant effective 10 January 1978.

He attained the grade of major effective 8 January 1992.  Based on the required 7 years time in grade for promotion to LTC, his promotion eligibility date was 7 January 1999.

He was considered and not selected for promotion to LTC by the 1998 Reserve Components Selection Board (RCSB).  The reason(s) was not divulged by the board except that it was not for a lack of military education.

He has been considered for promotion to LTC by the 1999 RCSB.  The results of that board have not been released.

His records were complete and without material error when reviewed by the 1998 RCSB.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection board may only be based on erroneous nonconsideration or material error which existed in the records at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s nonselection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. 

This regulation also specifies that a copy of the officer’s records are dispatched 30 days before the convening date of the board and officers are directed to review the records and submit copies of missing documents and other corrections.  Lack of notification does not provide an independent basis to be reconsidered by a special 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 view of the circumstances in this case, the applicant is not entitled to promotion to LTC.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that his file was incomplete when reviewed by the 1998 RCSB has been noted by the board.  However, his records were complete and without material error, as prescribed by promotion policy, when reviewed by the 1998 selection board.  It is further noted that selection boards are not required to divulge the proceedings or the reason(s) for selection or nonselection, except where an individual is not qualified due to noncompletion of required schooling.  As shown in this case, promotion is not automatic based on qualifications alone, but includes a competitive process of a selection board determining an individual's potential and ability to perform at the higher grade.  Promotion and retention is keenly competitive, and many officers will not be selected.

3.  The applicant has been considered for promotion to LTC by the 1999 RCSB and the results of that board have not been released.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__dj___  ___el__  ___kk___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032373	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.