MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  25 April 2002
	DOCKET NUMBER:  AR2001065644

	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:

	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:  In effect, removal of his second nonselection for promotion to lieutenant colonel and reinstatement in the Army Reserve (USAR).

APPLICANT STATES:  In effect, that he believes he was not selected for promotion to lieutenant colonel in 1999 and 2000.  He was never notified of the upcoming boards so he could update his records.  He forwarded paperwork for his resignation in 2000 to avoid a second promotion nonselection but it may not have been acted on before he was discharged.  He has been denied reappointment in the USAR.

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

At the time of the applicant’s discharge he was serving in the rank of major in the Individual Ready Reserve with a date of rank of 14 April 1992.  He was considered but not selected for promotion to lieutenant colonel by the 1998 Reserve Component Army Medical Department promotion board.  The board adjourned on 1 July 1998.  The applicant’s records contain a copy of the letter of notification, dated 14 December 1998, which was addressed to the same address as on his application to this Board.

The applicant was again considered for promotion to lieutenant colonel by the 1999 Reserve Component Army Medical Department promotion board.  The board adjourned on 1 July 1999.  He was again not selected.  A copy of the second letter of notification is not in the available record.  Effective 20 April 2000, the applicant was discharged from the USAR and all Reserve of the Army appointments were terminated.  There is no evidence in the available record that the applicant requested resignation prior to the convening dates of either promotion board.

Army Regulation 135-175 provides the policy governing the separation of Reserve Component officers.  It provides, in pertinent part, that a major who is twice nonselected for promotion to lieutenant colonel will be discharged.

The Reserve Officer Personnel Management Act (ROPMA), a public law under Title 10, U. S. Code, enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers.  The ROPMA law became effective 1 October 1996.  Chapter 1405 (Promotions), section 14304 of the ROPMA law, states that officers shall be considered for promotion to the next higher grade by a promotion board far enough in advance of completing a specified maximum years (time) in grade (MTIG), so that if the officer is selected for promotion, the promotion may be effective on or before the date on which the officer will complete the MTIG.  Boards are generally convened with a zone of consideration 1 year prior to the officer reaching his MTIG.  The MTIG for promotion to lieutenant colonel is 7 years as a major.
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 was properly considered and twice not selected for promotion to lieutenant colonel.  His removal was required in accordance with law and regulation and he is not entitled to reinstatement as a commissioned officer.

2.  As a career Army Reserve officer in the grade of major he knew, or should have known, when he would have been considered for promotion.  His belief that he would not be considered for promotion until 1999 and 2000 is not sufficient justification to void his second nonselection.

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

__jl__  __cg___  ___gp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065644	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.10	
2.		
3.		
4.		
5.		
6.