MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            14 November 2002                  
	DOCKET NUMBER:   AR2002074779

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  Correction to Item 28 (Narrative Reason For Separation) on her DD Form 214 (Certificate of Release or Discharge From Active Duty).

APPLICANT STATES:  That her Item 28 on her DD Form 214 erroneously states that the reason for separation was non-selection, permanent promotion.  She also states that she was not passed over for permanent promotion and all her promotions are timely.  She really did not know that she could get this corrected, and when she asked her personnel management officer (PMO), she did not know.  The applicant submits a copy of her DD Form 214 and promotion memorandum for first lieutenant and captain in support of her application.

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

She was appointed in the Reserve, Army Nurse Corps, as a second lieutenant effective 19 December 1990.

She entered on active duty effective 15 July 1992.

She was honorably separated from active duty for non-selection permanent promotion effective 30 November 1993 and transferred to the USAR Control Group (Reinforcement).

She was promoted to USAR first lieutenant effective 18 December 1993.

She was considered and selected for promotion to USAR captain by the 1998 Reserve Components Selection Board (RCSB) with a promotion effective date and date of rank of 17 December 1998.

On 27 May 2000, she applied to the Army Board for Correction of Military Records (ABMCR) for correction to her date of rank for USAR captain under the Reserve Officer Personnel Management Act Project.

On 28 December 2000, her promotion effective date and date of rank for USAR captain was corrected to 17 December 1997.

Army Regulations 635-100/600-8-24 sets forth the basic authority for the transfer and discharge of Army officer personnel.  This regulation specifies that non-selected active duty second lieutenants will be separated on the scheduled dates 

of release from active duty upon notification of promotion failure.  These regulations also specify that final separation orders and forms will cite regulatory authority and SPD codes as shown in Army Regulation 635-5-1.

Army Regulation 635-5-1 provides the separation program designator (SPD) codes and authorities and reasons for separation from active duty.  This regulation provides the SPD for Army Regulation 635-100, Chapter 3 as LGB, Non-Selection, Permanent Promotion.

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.  In view of the circumstances in this case, the applicant is not entitled to correction to Item 28 (Narrative Reason For Separation) on her DD Form 214.  She has not shown error, injustice, or inequity for the relief she now requests.

2.  The Board notes the applicant's contentions that she was not passed over for permanent promotion and that all her promotions are timely; however, her active duty records do not show she was selected for promotion to first lieutenant.  It is also noted that the narrative reason for separation and the SPD code directed and the reasons therefore were appropriate considering all the facts of the case.

3.  While the Board is empathetic, the applicant's separation was based on non-selection, permanent promotion while on active duty and she has not shown that her narrative reason for separation and SPD code should be changed.

4.  The Board also notes that her records do not support her contentions.  There is no error or injustice in her record.  Her service was terminated based on non-selection for promotion to first lieutenant.

5.  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.

6.  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

_AAO____  _RKS___  _JPI_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002074779	
SUFFIX		
RECON		
DATE BOARDED	20021114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	110.02	
3.		
4.		
5.		
6.