MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  8 June 2000
	DOCKET NUMBER:   AR1999034881

	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
Ms. Stephanie Thompkins		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Lana E. McGlynn		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 reconsideration to major by a special selection board (SSB).

APPLICANT STATES:  That when his promotion packet was forwarded to the National Guard Bureau it contained a copy of his University of Tennessee transcript and apparently this document was lost, which may explain why it was missing at the time of his consideration.

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

He was appointed as a second lieutenant in the US Army Reserve effective upon his completion of ROTC on 30 June 1978.  He was promoted to first lieutenant effective 21 July 1984 and captain effective 15 April 1988.

He was considered and not selected for promotion to major by the 1994 and 1995 Reserve Components Selection Boards (RCSB’s).  

The promotion board did not see verification that he completed the required civilian and military education.

He was honorably separated from the Kentucky Army National Guard in the rank of captain effective 17 July 1995.  He was honorably discharged from the USAR effective 26 February 1997.

There is no evidence of completion of the required education.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a standby promotion advisory 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.  The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for nonselection, except where an individual is not qualified due to noncompletion of required schooling.

The regulation also requires completion of an officer advanced course for promotion qualification to major.

This regulation further 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.  It states that an administrative error is immaterial if the officer, in exercising reasonable diligence, could have discovered the error or omission and taken timely corrective action in notifying Headquarters, Department of the Army with supporting documentation.

The regulation further specifies 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.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that when the applicant’s file was considered by the 1994 and 1995 RCSB’s there was no verification that he had completed the required civilian and military education; therefore, he was not selected for promotion.  Based on the fact the applicant did not send in copies of his education with his DD Form 149, he is not eligible for special board consideration. If he provides verification of his education, he may request an SSB for reconsideration.  Based on the facts presented, PERSCOM recommended that the applicant’s request be disapproved at this time.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 10 March 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 reconsideration to major by an SSB at this time.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that his University of Tennessee transcript was lost and not seen by the selection boards has been noted by the board; however, it has been revealed that his records also do not contain verification that he completed the required military education.  The Board further notes that the applicant did not submit copies of his education with his request for correction of his records.  If the applicant provides verification of his civilian and military education, he may then request reconsideration by an SSB.

3.  Implicit in the Army’s promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and working of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  The applicant needed to insure well in advance that his record would present his career and qualifications to that board in the best possible light.  Promotion is not automatic based on qualifications alone, but includes a competitive process of an RCSB determining an individual’s potential and ability to perform at the higher grade.

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

__SP___  __AO____  ___LM___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034881	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000608	
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.