MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  21 March 2002
	DOCKET NUMBER:  AR2001064444

	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:  In effect, that he be reconsidered for promotion to major by a special selection board (RCSB) under the calendar year 2000 criteria.

APPLICANT STATES:  That he met the promotion requirements by the convening date of the Reserve Components Selection Board for calendar year 2000.  His name was administratively removed from the considered list.  He submits copies of documents from his Official Military Personnel File (OMPF) in support of his request.

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

He was appointed a second lieutenant in the Army Reserve from the Reserve Officer Training Corps effective 18 July 1984.  He completed the officer basic course effective 24 May 1985.  He served in Southwest Asia from 23 December 1990 to 20 April 1991.  He was promoted to captain effective 23 September 1991.

He was considered but not selected for promotion to major by the 1998 and 1999 RCSBs.  His OMPF shows that he had not completed an officer advanced course prior to the convening date of the promotion boards.  The applicant was notified by a Total Army Personnel Command memorandum, dated 14 January 2000, that his removal from an active status was required after his second nonselection by Title 10, United States Code (USC) unless he was eligible for transfer to the Retired Reserve.

There is no information in the available record to explain why the applicant was not removed from an active status in a timely manner.  He was still in an active status when the calendar year 2000 RCSB for major convened on 7 March 2000, and his records were considered.  The board adjourned on 6 April 2000, and the applicant was not selected for promotion.

The applicant provides a copy of his officer advanced course completion certificate that shows the course period as 2 to 14 April 2000.  On 15 July 2000, the applicant requested reconsideration for promotion to major.  In his request he outlined his reasons for not completing an officer advanced course prior to the promotion board convening dates.  Effective 7 November 2000, the applicant was discharged from the Army Reserve as a result of his second failure of selection for promotion to major.  The Office of Promotions, Reserve Components, responded to his request on 30 March 2001.  His request for reconsideration was denied based on his lack of the required military education prior to the board convening dates.

Title 10, USC, section 14506, provides that a captain on the Reserve Active Status List who has failed selection for promotion to the next higher grade for the second time, shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board.

Army Regulation 135-155 provides the military education requirements for officer promotions.  It states that to qualify for promotion selection, commissioned officers must complete the educational requirements not later than the date the selection board convenes.  The regulation stipulates that the military education requirements for promotion to major are completion of an officer advanced course and the Combined Arms and Services Staff School.

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.  The applicant’s contention that he met the educational requirements of the calendar 2000 RCSB is without merit and is not relevant to his required removal from an active status.  He was not selected for promotion to major for the second time by the calendar year 1999 RCSB and his removal was required by law.

2.  He was considered for promotion to major a third time by the calendar year 2000 RCSB, that convened on 7 March 2000, almost 1 month prior to the course start date for his final phase of his officer advanced course.  He still had not completed his officer advanced course or the Combined Arms and Services Staff School by the board adjournment date of 6 April 2000.

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.  He is not entitled to reconsideration for promotion.

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	AR2001064444	
SUFFIX		
RECON		
DATE BOARDED	20020321	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.11	
2.		
3.		
4.		
5.		
6.