MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

BOARD DATE:           13 January 2000                   
DOCKET NUMBER:   AR1999034678

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Margaret V. Thompson		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 application to correct his records by changing his date of rank from 1 July 1995 to 1 April 1996.

APPLICANT STATES:  In effect, that the retroactive nature of the board’s actions has placed him in the primary zone for promotion prior to his being able to attend Command and General Staff College (CGSC) or to have sufficient career development to be competitive.  He requests that his date of rank be adjusted to be effective the date he was restored to active duty.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's prior considerations of his case on 5 February 1997, 17 December 1997 and 1 July 1998 (COPIES ATTACHED).

The applicant’s contention and request to modify the effective date of rank constitutes new argument that requires Board review.

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 order to justify correction of a military record the applicant must show to the satisfaction of the Board that the record is in error or unjust.  The fact that the Board’s corrective action now places the applicant in what he considers a less than favorable promotion consideration is regrettable, however, it does not demonstrate an error or injustice.

2.  The applicant was properly considered and selected for promotion with the appropriate year groups.  His date of rank was established and fixed consistent with that selection, as required by regulation.

3.  Further, if the Board were to direct a change to the applicant’s date of rank, this would remove him from future considerations with his peer group and place him in consideration with officers junior to himself.  This would create an unjust situation for those officers and give him an undue advantage over them.

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

___emw_  __ewl___  ___mvt___  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034678	
SUFFIX		
RECON		
DATE BOARDED	20000113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.07	
2.		
3.		
4.		
5.		
6.