MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 April 2002
	DOCKET NUMBER:  AR2001065542

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. George D. Paxson		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 given consideration for promotion to major in the USAR.

APPLICANT STATES:  That he meets the eligibility requirements for promotion to major but that the computer at the U. S. Army Reserve Personnel Command (AR-PERSCOM) does not show that he has completed the Infantry Officer Advanced Course, so he has not been considered for promotion.

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

On 3 December 1977, he completed 2 years of Reserve Officer Training Corps (ROTC) at Columbus College, Columbus, Georgia.

On 31 March 1978, he enlisted in the U. S. Army Reserve (USAR).  He was ordered to initial active duty for training (ADT) on 14 April 1978.  He completed Military Occupational Specialty (MOS) 91B training at Fort Sam Houston in August 1978 and he completed Airborne Training at Fort Benning in August 1978.  His DD Form 214 (Report of Separation from Active Duty) shows that he was awarded a Parachutist Badge.  He was honorably released from ADT back to the USAR on 1 September 1978, as a Private First Class (PFC), MOS 91B.

On 10 September 1979, he enlisted in the Alabama Army National Guard (ALARNG) as a Sergeant (SGT), pay grade E-5, MOS 09R20 (Cadet), in the Simultaneous Membership Program (SMP) while he was enrolled in the Reserve Officer Training Corps (ROTC) at Columbus College and Auburn University, Alabama.  On 6 June 1980, he completed the 4 years of ROTC instruction but was not commissioned.  On 28 August 1980, as a ROTC cadet, he completed Air Assault School at Fort Campbell, Kentucky.  On 24 February 1981, the ALARNG reduced him to PFC by reason of disenrollment from the advanced ROTC program.  (This action was later determined to be in error.)  On 23 October 1982, he was advanced in the ALARNG to the rank of Specialist Four (SP4).  He completed his Bachelor of Arts degree at Auburn University on 17 March 1983.  He was honorably discharged from the ALARNG on 22 August 1983 according to a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) issued for that date.  He was awarded the Army Service Ribbon (ASR) for completion of his MOS course.  He was awarded an Army Reserve Components Achievement Medal (ARCAM), effective 31 March 1982, for satisfactorily completing 4 years service in a Troop Program Unit (TPU).

On 23 August 1983, he was commissioned as a Second Lieutenant (2LT) in the USAR.  He was ordered to active duty on 25 September 1983 for a three year period of active duty.  He was initially assigned to Fort Benning, Georgia, for the 

Infantry Officer Basic Course.  He completed the course on 3 February, 1984, achieving course standards.  He was reassigned to Fort Ord, California.  On 
29 February 1984, he was assigned as a platoon leader in Company B, 
2/9th Infantry Regiment.  According to orders 86-37, Headquarters, 7th Infantry Division and Fort Ord (HQ, 7ID), dated 6 May 1986, he was awarded an Army Achievement Medal for achievement during the period of 15 September 1984 through 5 October 1984.  He received a change of duty Officer Evaluation Report (OER) for the period 4 February 1984 through 29 November 1984.  He was given two “2”s and the rest “1”s in professionalism, usually exceeds requirements, promote ahead of contemporaries, and the Lieutenant Colonel (LTC) senior rater gave him a 4th man block, two blocks below center-of-mass, potential rating.

He was reassigned as Liaison Officer/Assistant Adjutant for 1st Brigade, 7ID at Fort Ord.  He was promoted to First Lieutenant (1LT) on 25 March 1985.  He received a change of duty OER for the period 30 November 1984 through 
3 October 1985.  He was given four “2”s and the rest “1”s in professionalism, usually exceeds requirements, promote with contemporaries, and the Major (Promotable) senior rater gave him a 4th man block, center-of-mass, potential rating.

He was reassigned as a platoon leader in Company C, 2/9th Infantry Regiment at Fort Ord.  He received a change of duty OER for the period 3 October 1985 through 20 April 1986.  He was given four “3”s, three “2”s, and the rest “1”s in professionalism; often failed requirements, do not promote, and the LTC senior rater gave him a 6th man block, four blocks below center-of-mass, potential rating.  The OER was referred to the applicant.  The applicant provided comment contending that the rating officer was a former ROTC class mate and had a grudge toward the applicant and that his senior rater had only observed him once.  The applicant appealed the referred OER to the U. S. Army Military Personnel Center (PERSCOM) Officer Special Review Board (OSRB) based on alleged substantive inaccuracy in the OER.  He also alleged that the rater blamed him for a training exercise error which the rater had caused.  The OSRB determined that the evidence did not justify altering or withdrawing the OER.  The applicant appealed to the Army Board for Correction of Military Records (ABCMR) to remove the referred OER and reinstate him on active duty, case AC 89-05225.  The ABCMR found no evidence of error or injustice and denied the request.

On 16 April 1986, he was reassigned to Headquarters and Headquarters Company (HHC), Fort Hunter Liggett at Fort Hunter Liggett, California.  He was then assigned to Company A, Personnel and Administration Battalion at Fort Ord, where he served in the Office of the Adjutant General.

On 8 January 1986, the Army Board for Correction of Military Records (ABCMR) responded to a request from the applicant, case number AC 85-00251, to correct his commissioning as a USAR officer from 23 August 1983 to 6 June 1980, under the ROTC Early Commissioning Program (ECP).  The ECP authorized early commissioning of ROTC cadets who had completed all ROTC requirements except obtaining a baccalaureate degree conditional upon being accepted by a unit as a 2LT.  The ABCMR determined that there was no impropriety, error, or injustice that he was not accepted by a unit and given an early commission under the ECP.  However, the Office of The Judge Advocate General of the Army provided an advisory opinion that the applicant should have been commissioned on 6 June 1980 as a 2LT, USAR, and reassigned to the jurisdiction of the Reserve Component Personnel and Administration Center (RCPAC).  As a matter of justice, the ABCMR so directed that the applicant’s commission be corrected to 6 June 1980 as a 2LT in the USAR and the ARNG, since he was 
a member of the ARNG in 1980.  His 22 August 1983, NGB Form 22 was corrected to show that he had been discharged as a 1LT from the ALARNG on 
24 September 1983, the day before he entered active duty as a USAR officer.  

As a consequence of the adjusted time in grade as a 1LT, on 18 September 1986, the U. S. Army Military Personnel Center (MILPERCEN) issued order 92-1 promoting the applicant to CPT, effective 1 August 1985, with a date of rank (DOR) of 1 August 1985.  (On 4 January 1996, the ALARNG issued a second correction to this NGB Form 22 to show that the applicant was awarded an 11A Infantry Officer specialty in February 1984 (this is after the period for which the NGB Form 22 was issued) and an 18A Special Forces Officer specialty (no date given).  There is no evidence in the record that the applicant completed Special Forces Officer training or was awarded this specialty.)

On 31 January 1987, he was honorably released from active duty as a CPT by reason of expiration of term of service and transferred to a USAR TPU, the 
87th U. S. Army Maneuver Area Command (MAC) in Birmingham, Alabama.  
His DD Form 214 showed that he had been awarded the ASR, ARCAM, the Army Achievement Medal, the Army Commendation Medal (there are no orders in the record for this award), Noncommissioned Officer Professional Development Ribbon (NCOPDR), the Senior Parachutist Badge, and the Air Assault Badge.  There is no record of the applicant having completed a non-commissioned officer Professional Leadership Development Course to qualify of the NCOPDR.  There is no record of the applicant having completed the requirements for the Senior Parachutist Badge: 1) rated as excellent in character and efficiency; 2) participated in a minimum of 30 jumps; 3) graduated from a Jumpmaster Course; and 4) have served in jump status with an airborne unit for a total of at least 24 months.  There are no orders in the record for award of the Senior Parachutist Badge.

According to orders 176-75, HQ, 7ID, dated 16 September 1987, the applicant was awarded an Army Achievement Medal by the LTC commander of Personnel and Administration (Provisional) for meritorious service from 1 August 1984 through 30 January 1987.  There is no OER in the record for this last period of active duty service.

On 30 September 1987, the Army Reserve Personnel Center (ARPERCEN) issued a DD Form 215 (Correction to DD Form 214), for the period ending 
31 January 1987, adding additional awards: the National Defense Service Medal, the Good Conduct Medal, the Expert Field Medical Badge, and the Humanitarian Service Medal.  There are no orders in the record for the last three awards.  The DD Form 215 also adds additional awards that are not authorized to be entered on the DD Form 214 by Army Regulation 635-5 (Separation Documents): the Man of Excellent Physical Strength Badge, the Skilled Martial Arts Badge, the 
9th Infantry Regimental Belt Buckle, the Michinoku Badge, and 6 citations.  The DD Form 215 also added training courses previously mentioned plus a jumpmaster course for 1 week in 1980.  There is no certificate in the record for the jumpmaster course.

In the 87th MAC, he was further assigned to the TPU, 2nd U. S. Army Maneuver Training Command (MTC) in Atlanta, Georgia.  On 1 July 1987, the applicant completed a 12 week Infantry Officer Advanced Course – Reserve Component.  According to his DA Form 1059 (Service School Academic Evaluation Report) for the course, he achieved course standards, was not evaluated in leadership skills and received a superior rating for contribution to group work.

He received an annual OER for the period 1 February 1987 to 31 January 1988 as a controller/evaluator in the 2nd MTC.  He was given two “2”s and the rest “1”s in professionalism, usually exceed requirements, promote with contemporaries, and the LTC senior rater gave him a 4th man block, below center-of-mass potential rating.

The applicant attended the Joint Firepower Control Course at the U. S. Air Force Air Ground Operations School (USAFAGOS), Hurlburt Field, Florida, from 
14 March 1988 through 1 April 1988.  In a letter from the USAFAGOS Army Colonel Deputy Commander to the Major General commander of the 87th MAC, the Colonel stated that the applicant, “failed to attain the minimum academic standard for successful completion of the course.  …(The applicant) had the lowest scores attained by any student in the history of the USAFAGOS.  …(The applicant) does not possess the drive and win attitude to be successful as an Army Officer.  …We have trained hundreds of reserve component soldiers in the AGOS…(and the applicant) is an exception to the high quality of reserve component soldiers who have attended courses at AGOS.”  An academic report was attached to the letter but the report is not in the record.

On 22 April 1988, the applicant completed a Reserve Component Master Fitness Trainer Course at Fort Benjamin Harrison, Indiana.

On 27 April 1988, the Colonel commander of the 2nd MTC charged the applicant with two unexcused absences from a unit Rescheduled Training (RST) on 
25 April 1988.  The letter notified the applicant that he had 15 days after receipt of the letter to request excuse.  On 16 May 1988, the applicant responded by letter that he had not attended the RST due to his vehicle being temporarily out of service.

On 13 May 1988, the 2nd MTC commander sent a request to the 87th MAC commander for the applicant’s involuntary separation under Army Regulation 135-178, paragraph 2-11, for substandard performance of duty.  This was based on his performance at the USAFAGOS and his “apathy, defective attitudes, or other character disorders, including inability or unwillingness to expend effort.”  The applicant was notified of the intent to separate him and given options to resign, request a hearing by a board of officers, or transfer to the Retired Reserve.  The applicant requested to appear before a board of officers with military counsel.  Headquarters, Second U. S. Army appointed a board of officers to determine if the applicant should be involuntarily separated.  The board was conducted on 17 September 1988, at the 87th MAC in Birmingham, Alabama.  The board recommended that the applicant be involuntarily separated from the Army with an honorable discharge under Army Regulation 135-175 (Army National Guard and Army Reserve Separation of Officers), paragraph 2-11 (substandard performance of duty), subparagraph e (failure to meet standards in a course of instruction at a service school due to academic deficiencies), and subparagraph g (apathy).  He was discharged as a CPT from the USAR on 
3 April 1998, by Headquarters, Second U. S. Army, orders number 118-3, 
dated 3 April 1998, under authority of Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers).  Army Regulation 140-10 does not provide authority for discharge, only transfer.  Army Regulation 135-175 is the correct authority for discharge.

The applicant applied to the ABCMR to be reinstated as a commissioned officer. On 28 January 1998, the ABCMR denied his request finding no error or injustice in proceedings of the board of officers or in his separation (ABCMR case number 
AC 97-08124).

The Department of the Army Inspector General (IG) conducted an investigation in 1998 into the applicant’s allegation that the commander of the 2nd MTC used command influence on the elimination board of officers.  The IG determined that elimination board proceedings were properly conducted.

The applicant received a Master of Science in Administration degree in the major area of public administration on 24 August 1990, from Columbus State University, Columbus, Georgia.

The applicant enlisted in the USAR on 20 August 1993, as a Sergeant, pay grade E-5, for a 3 year term of service.  He was assigned as the Emergency Treatment Noncommissioned Officer in a TPU, Headquarters and Headquarters Company, 
6/159th Aviation Regiment, Fort Benning, Georgia.  He extended his enlistment on 12 August 1993.  He subsequently transferred to the TPU, 
310th Psychological Operations Company in College Park, Georgia.

On 23 August 1996, he completed classes for a second major, justice administration, under his Master of Science in Administration degree from Columbus State University, Columbus, Georgia.

He reenlisted in the USAR on 2 February 1997, for a 6 year term of service.  He served a period of active duty for training at Fort Bragg from 13 March 1997 through 17 September 1997.  On 13 October 1998, he was promoted to Staff Sergeant, pay grade E-6.

On 30 September 2000, under orders 304-035, the Georgia Army National Guard (GAARNG) appointed the applicant a CPT, Infantry, in the GAARNG, effective  27 September 2000, and assigned him to Headquarters, 48th Infantry Brigade, Macon, Georgia.  On 17 February 2001, under National Guard Bureau orders 15, the applicant was given federal recognition effective 27 September 2000.  On 
3 March 2001, he was ordered to active duty as the Deputy Comptroller for HHC, 3rd Infantry Division, in Tuzla, Bosnia-Herzegovenia.

He received a change of rater OER for the period 15 March 2001 through 2 July 2001.  He received all “Yes” marks in professionalism, outstanding performance must promote, best qualified, complimentary remarks from both rater and senior rater, and a center of mass rating from his COL senior rater who was the Chief of Staff.  He received a relief from active duty OER for the period 2 July 2001 through 5 October 2001.  He received all “Yes” marks in professionalism, outstanding performance must promote, best qualified, complimentary remarks from both rater and senior rater, and a center of mass rating from a different COL senior rater who was the Chief of Staff.  His DD Form 214 indicates that he was awarded the Humanitarian Service Medal (2nd award), the NATO Medal (Yugoslavia), and the Armed Forces Expeditionary Medal.

On 30 October 2001, he was released from active duty and returned to HHC, 
48th Infantry Brigade, GAARNG.  He was honorably separated from the GAARNG on 5 February 2002, and transferred to the USAR Individual Ready Reserve (IRR).

The Reserve Data Management System (RDMS) does not show his 1989 involuntary separation as a CPT from the USAR, his 2000 commissioning as a CPT in the GAARNG, his correct date of rank as a CPT, completion of officer basic and advanced course and highest civilian education.

The AR-PERSCOM Officer Personnel Management Directorate does not have a personnel file on the applicant.  There is no record that the applicant has communicated with his Infantry Officer Personnel Manager.

Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, it requires 7 years time in grade (TIG) as a CPT to be considered for mandatory promotion to MAJ or a minimum of 4 years TIG to be eligible for consideration for a unit vacancy promotion.  Selection for a unit vacancy promotion is based on a unit vacancy existing at the next higher grade and selection by the unit commander of the best qualified available officer.

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 does not meet the TIG eligibility requirements for mandatory consideration for promotion to MAJ.  He requires 7 years TIG as a CPT.  As of 
1 April 2002, he only has 4 years, 4 months, and 7 days TIG as a CPT (3 years, 
8 months, and 2 days between 1 August 1985, when he was promoted to CPT, and his discharge on 3 April 1989; and 1 year, 6 months, and 5 days between his appointment as a CPT in the GAARNG on 27 September 2000, and the current date of 1 April 2002).  He has met the minimum TIG of 4 years to be considered for unit vacancy promotion.  Consideration for unit vacancy promotion is at the discretion of unit commanders.  The applicant has provided no evidence to show that he has unjustly or by error been denied a unit vacancy promotion.

2.  It is noted from the record, that as an officer, the applicant has had 6 OERs: three center-of-mass reports, 2 below center-of-mass reports, and one referred OER.  He also received three academic reports: two were met standards and one was failed to meet standards.  He was involuntarily discharged as a CPT, USAR, due to substandard performance of duty.  He has served twice as a platoon leader, once as an assistant adjutant/liaison officer, once as a controller/evaluator, and once as a comptroller.  He has satisfactorily completed Infantry Officer Basic and Advanced courses.  He has earned a Bachelor of Arts degree and a Master of Science in Administration degree.  A number of awards shown on his separation reports are not supported by orders, training certificates, or primary source documents in his record.

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.

NOTE:  AR-PERSCOM will update the RDMS with all data that can be properly documented and confirmed.  All awards, training, and specialty identifiers will be confirmed from primary source documents: orders, training certificates, academic evaluations, and civilian education transcripts.  A date of rank for CPT needs to be computed based on his USAR service as a CPT from 1 August 1985 through 3 April 1989 and commissioning as a CPT on 27 September 2000.  The RDMS should also show that the applicant has completed Infantry Officer Basic and Advanced Courses and has a Masters degree.  All OERs and officer academic reports, to include the 6 OERs and 2 academic reports identified in this report, should be recorded on the applicant’s microfiche.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jl____  __cg___  __gp____  DENY APPLICATION

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

INDEX

CASE ID	AR2001065542	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131 - Promotion	
2.		
3.		
4.		
5.		
6.