MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            4 April 2002                  
	DOCKET NUMBER:   AR2001063917

	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. Arthur A. Omartian 		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		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 consideration to major under 1995, 1996, 1997 and 1998 criteria.

APPLICANT STATES:  That he believes that he was never considered for promotion with his peer group, therefore he was not promoted.  When the error was discovered in 1999, his records were simply forwarded to the board and he was subsequently passed over for promotion.  He submits a copy of a letter dated 22 August 2001 from the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) in support of his application.

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

He was appointed in the Reserve as a second lieutenant effective 16 June 1984, with prior service.

He entered on active duty effective 1 July 1984.  He attained the grade of captain effective 1 February 1989.

He was released from active duty effective 31July 1993 and transferred to the USAR Control Group (Reinforcement).

Based on the required 7 years maximum time in grade (MTIG) for promotion to major, his MTIG date was 31 January 1996.

He was erroneously not considered for promotion to major by the 1995, 1996, 1997 and 1998 Reserve Components Selection Boards (RCSB’s).

He was considered and not selected for promotion to major by the 1999 and 2000 RCSB’s.

His records show the last officer evaluation report (OER) he received was for the period 28 April 1992 through 27 April 1993.  His records do not show any OER’s after his transfer to the USAR effective 31 July 1993.

The document submitted by the applicant shows that on 22 August 2001, the Promotion and Notifications Branch, Office of Promotions, PERSCOM, advised the applicant that due to information that reflects that his records were omitted from the promotion boards for 1995, 1996, 1997 and 1998, he must request promotion consideration to major to the Army Board for Correction of Military Records.

Current promotion policy specifies that promotion reconsideration by a special selection board (SSB) may only be based on erroneous non-consideration 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 non-selection 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 non-selection, except where an individual is not qualified due to non-completion of required military schooling.

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion that a review of the applicant’s records revealed that it was considered by the 1999 and 2000 major Army Promotion List Department of the Army RCSB’s and not recommended.  A thorough review of the applicant’s files revealed that at least one OER was not seen by each of the boards.  The Promotion and Notifications Branch, Office of Promotions requested and received a DD Form 149 (Application for Correction of Military Records) from the applicant with additional documents for reconsideration for promotion under 1995, 1996, 1997, and 1998 criteria due to omission.  The applicant states he had been trying to locate a copy of the original OER for the period 29 April 1993 through 31 July 1993, his last report from active duty.  A copy of the applicant’s microfiche from the active duty component reveals no report for this period.  If the applicant desired to go before an SSB without this report, a memorandum from the applicant stating so, would have to be forwarded to the Promotion and Notifications Branch, Office of Promotions.  The applicant’s case will be held until receipt of the letter, or the applicant may desire to go to an SSB without the OER.

The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 8 January 2002.  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 under 1995, 1996,1997 and 1998 criteria by an SSB at this time.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contention that his records were erroneously omitted from the 1995 through 1998 RCSB’s; however, a review of his promotion files revealed that at least one OER was not seen by each of the boards.  It is further noted that the applicant has been trying to locate a copy of an OER for the period 29 April through 31 July 1993; however, a review of the applicant’s microfiche from active duty reveals no report for this period.  The applicant was notified and 

did not respond.  The applicant was also advised that he may be considered by an SSB without this OER; however, he must submit a memorandum to the Promotion and Notifications Branch, Office of Promotions stating so for consideration.  

3.  When the report is located or the applicant requests promotion consideration without this report, the applicant will then have a basis for consideration by SSB’s under 1995, 1996, 1997 and 1998 criteria.

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 necessary 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

_rwa____  __kyf___  _aao__        DENY APPLICATION

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

INDEX

CASE ID	AR2001063917	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.