MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2002                   
	DOCKET NUMBER:   AR2001064824

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 he be reconsidered for promotion to Colonel, Medical Corps (MC) by a Special Selection Board (SSB) and, if selected, that he be given an effective date of rank of 23 June 2000.

APPLICANT STATES:  That he was passed over for promotion to Colonel, MC by boards that convened in 1998 (FY98) and in 1999 (FY99).  He believes that several reasons may have contributed to his being passed over.  First, the new Officer Evaluation Report was implemented in 1998 and he was rated at "center of mass" and assured that this would not have any negative effect on his selection for promotion to Colonel because it was the first report under a new system.  He did not complete the Command and General Staff College Course; however, he knows two MC officers who were promoted to Colonel who also did not complete the course.  The applicant also states that he was a USAR soldier and, based on misinformation, he believed that it was mandatory for him to leave the military after 20 years of active Federal service; therefore, he submitted his retirement papers when he was in the primary zone for promotion.  The applicant adds that he routinely met height and weight requirements and, in the spring of 1999, he passed his Army Physical Fitness Test despite having had a profile the previous year for a foot problem.  He continuously sought greater responsibility and self-improvement.  He also states that he achieved his greatest accomplishment after he became the Program Director of the Hand Surgery Fellowship at Walter Reed Army Medical Center (WRAMC).  In April 1999, the training program was on probation with the Residency Review Committee (RRC). By February 2000, the RRC reevaluated the fellowship program and awarded full accreditation.  In support of his request, he submits a copy of his Officer Record Brief.

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

Prior to the period of service under review the applicant served honorably in the United States Marine Corps from 14 December 1969-5 December 1973.

On 28 November 1978, the applicant was commissioned a Second Lieutenant, in the United States Army Reserve (USAR).  On an unknown date, he became a full-time active duty student attending medical school at government expense.  
The applicant entered active duty on 22 June 1982, as a First Lieutenant, MC.  

On 24 June 1982, the applicant was promoted to Captain.  On 24 June 1988, he was promoted to Major and, on 23 June 1994, he was promoted to Lieutenant Colonel.  His branch was MC at the time of all three promotions.  On 29 September 1998 and on 10 August 1999, the Colonel, MC, Promotion Boards met and considered the applicant for promotion to Colonel.  He was not selected.

The applicant was honorably retired on 30 June 2000 in the rank of Lieutenant Colonel, pay grade 05.  He had completed 22 years of active military service.  He had also completed 6 years, 1 month and 26 days of prior inactive service.

On 1 July 2001, the applicant was ordered to active duty in the rank of Lieutenant Colonel, MC with a voluntary commitment of 4 years.

Army Regulation 624-100 prescribes the policies and procedures for promotion of officers on active duty.  This regulation specifies that promotion reconsideration by a SSB may only be based on erroneous nonconsideration due to administrative error, the fact that action by a previous board was contrary to law, or because material error existed in the record 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.  

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 Board does not know why the applicant was not selected for promotion to Colonel, nor will it attempt to determine why certain officers were selected for promotion over the applicant.

2.  In order for the Board to recommend that the applicant's records go before an SSB, there must be proof of administrative or material error in his record.  The applicant has provided the Board no evidence that indicates an administrative error or a material error existed in his record that caused him to be nonselected for promotion to Colonel.  

3.  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

__rvo___  __rwa___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064824	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20000630	
DISCHARGE AUTHORITY	AR600-8-24	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.0700	
2.		
3.		
4.		
5.		
6.