MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  21 March 2002
	DOCKET NUMBER:  AR2001063989

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Linda D. Simmons		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:  That his discharge from the Army Reserve be revoked and that he be reinstated as a first lieutenant.

APPLICANT STATES:  That he was never offered any guidance on his career.  His Official Military Personnel File was incomplete and misplaced.

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

He was appointed a second lieutenant, Aviation Branch, in the Army National Guard (ARNG) effective 30 August 1986.  He had over 2 years prior enlisted service with the ARNG including completion of the State Officer Candidate School, which led to his source of commission.

Effective 7 March 1987, the applicant was separated from the ARNG and transferred to the Individual Ready Reserve (IRR).  On 4 August 1989 the applicant was informed that he had not been selected for promotion to first lieutenant.  The memorandum further stated that there was no evidence in his records that he had completed the required officer basic course.  The applicant states that he completed the Infantry Officer Basic Course but no date was provided and there is no supporting documentation in the available records.  Effective 16 February 1990, the applicant was promoted to first lieutenant, indicating that he had completed the required military education.

He was considered for promotion to captain by the 1993 and 1994 Reserve Component Selection Boards.  He was not selected for promotion and effective 8 August 1994, he was discharged for failure of permanent selection for promotion.

The applicant’s retirement point history, from his assignment to the IRR in March 1987 through his discharge in August 1994, shows that he performed 17 days of training between 1990 and 1991.  The rest of this period of service shows no other participation in activities authorizing retirement point credit.

An advisory opinion provided by the Office of Promotions, Reserve Components, notes that the applicant was not selected for promotion but no promotion folder was available based on the age of this case.  Their available records do show that his level of military education was not a factor in his nonselections.

In the applicant’s rebuttal to the advisory opinion, he reiterates his contentions that Army Reserve management officials should have provided him career guidance and assistance to further his career.

Title 10, USC, section 3846, in effect at the time, provided that an officer in the Reserve grade of first lieutenant who had failed selection for promotion to the next higher grade for the second time, shall be separated within 90 days after the second selection board submits its report to the convening authority.

Army Regulation 135-155, in effect at the time, provided the policy for Reserve Component officer promotions.  It provided that a first lieutenant would be considered for promotion after 3 years in grade to allow for promotion to captain when he reached 4 years in grade and 7 years commissioned service.

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, it is concluded:

1.  He was not selected for promotion to captain for the second time by the calendar year 1994 RCSB and his removal was required by law.  He is not eligible for reappointment in a commissioned officer status.

2.  His contention that he was not responsible for his lack of participation in furthering his career and that he was never notified of his first nonselection is without merit.  Implicit in the Army's promotion system is the universally accepted principal that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as selection board dates, eligibility requirements, and promotion zones are widely published in official and quasi-official publications and official communications.  Given that the applicant became a first lieutenant in 1990 and had served as a commissioned officer in the ARNG and Army Reserve since 1986 he knew, or should have known, that he would be considered for promotion during the time period of 1993 to 1994.

3.  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 this requirement.

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

__js___  __jm____  ___ls____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063989	
SUFFIX		
RECON		
DATE BOARDED	20020321	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.09	
2.		
3.		
4.		
5.		
6.