MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            19 April 2000                  
	DOCKET NUMBER:   AR1999033654

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber 		Chairperson	
	Mr. Elzey J. Arledge Jr.		Member	
	Mr. Van B. Cunningham		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:  Reconsideration of his request for adjustment of his date of rank for promotion to sergeant first class (E-7) to a date in 1989.

APPLICANT STATES:  That an erroneous NCO Evaluation Report (NCOER) stating that he had been relieved for cause in June 1989 was in his file and prevented him from being promoted on time.  In support of his application, he provides a self-authored memorandum dated 30 September 1999; a copy of a DA Form 4187, Personnel Action, dated 6 October 1999, requesting a standby promotion consideration; a copy of a 1st endorsement to DA Form 4187; and a copy of this Board’s prior action, dated 28 August 1997.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 August 1997 (COPY ATTACHED).

He enlisted in the Regular Army on 28 April 1976 for training as an operating room specialist and has served on continuous active duty since that time; he has spent his entire military career in the medical specialist field.  He was promoted to specialist five (E-5) on 5 May 1979, to specialist six/staff sergeant on 1 September 1983, and to sergeant first class (E-7) on 1 June 1995.

The applicant has shown an inability to successfully complete formal training courses in the medical field.  On 16 June 1979, he failed the Patient Care Specialist (Practical Nurse) Course and his academic evaluation report (AER) stated, “[Applicant] attained a grade point average of 79.5 during the didactic phase of the course, but received two clinical rotation failures.  [Applicant] displayed a lack of comprehension in his written work.  He also lacks insight into his problems.”  On 14 January 1987, he passed the Medical Laboratory Specialist (Basic) Course, but the weak narrative of his AER stated, “On-the-job training under supervision, and experience in the health care delivery system, should help [applicant] become an effective medical laboratory specialist.”  Finally, on 6 April 1987, he was dismissed from the Medical Laboratory Specialist (Advanced) Course for failure to achieve course standards.  His AER stated, “[Applicant] demonstrated great difficulty in adjusting to the requirements of the academic environment.  He was lacking in readiness to perform procedures taught in the practical phase, and had trouble grasping the principles and functions of those procedures.  He continually demonstrated weaknesses in both the didactic and practical phases of the course.”

In the processing of this case, an advisory opinion was obtained from the EREC. It recommended denying the applicant’s request and cited their previous opinion to this Board.  On 18 November 1999, the applicant was provided an opportunity to rebut the EREC advisory opinion, but no rebuttal was received.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 the aforementioned requirement.

2.  The applicant has not shown, and the record does not support, that he was denied a timely promotion to sergeant first class because of an erroneous NCOER in his official file.  On the contrary, the EREC has stated that the E-7 promotion boards that failed to select the applicant prior to 1995 did not base a decision on erroneous information.  However, the applicant’s record did contain three poor academic evaluation reports that could have led to his failure to be promoted to E-7 prior to 1995.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

4.  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

__jph____  ___eja__  __vbc___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AC1999033654	
SUFFIX		
RECON	19970828	
DATE BOARDED	20000419	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.0500	
2.		
3.		
4.		
5.		
6.