MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 May 2000
	DOCKET NUMBER:   AR1999034093

	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:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Ernest W. Lutz		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 major in the US Army Reserve (USAR) based on his recommendation for promotion while on active duty.

APPLICANT STATES:  That he converted from active duty to the Active Guard Reserve (AGR) program with the understanding that if he was selected for promotion to major on the active duty list the result would transfer to the USAR.  He is currently in the AGR program serving in a major’s position.  He was selected for promotion by the active duty board and does not understand why he cannot be promoted.  In support of his application, he submits a copy of the Major Army Competitive Category Promotion Board Results for Fiscal Year 1999, dated 7 October 1999, and a congratulation letter for his selection for promotion to the rank of major, dated 12 October 1999.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information herein was obtained from alternate sources.

While serving in the Regular Army as a captain, he was considered and recommended for promotion to major.  The promotion list was released on 7 October 1999.

Prior to the release of the 7 October 1999 promotion list, the applicant was voluntarily discharged from active duty, appointed in the USAR, and subsequently transferred to the AGR program on 21 August 1999.

Title 10, U.S.C., paragraph 14317, specifies that an active duty officer who is selected for promotion and removed from the active duty list and placed in an active Reserve status prior to the list being released, is not eligible for that promotion and that officer will be considered for promotion by a Reserve promotion board.

The Chief, Promotion and Notifications Branch, Office of Promotion, PERSCOM, expressed the opinion that the applicant was selected for promotion to major on the active duty list that was released on 7 October 1999.  Since the applicant was released from active duty prior to the list being released he is not eligible for the promotion.  His first eligible Reserve board is the 2000 Reserve Components Selection Board.  The applicant’s file has been identified to that board and he will be notified of the results upon the board’s approval and release.  In view of the facts presented, it was recommended that the applicant’s request be denied.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 18 April 2000.  He did not respond.

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 view of the circumstances in this case, the applicant is not entitled to promotion to major in the Reserve based on his recommendation for promotion while on active duty.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes his contentions that if he were selected for promotion to major while on active duty, the results would transfer to the Reserve when he converted to the AGR; however, the applicant was placed in the AGR prior to the results of the active duty list being released and, therefore, he is ineligible for the promotion.  He, in effect, left active duty before knowing if he had been selected for promotion.

3.  The Board further notes that applicant has been identified to the 2000 RCSB, his first eligible Reserve board for consideration to major.  He will be notified of the results upon the board’s approval and release.

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 the aforementioned 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

__EA___  ___KW___  ___EL___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034093	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000525	
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.