MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 September 2003                  
	DOCKET NUMBER:   AR2002082000

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann, Jr.		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, promotion to major.

APPLICANT STATES:  That he had satisfied all promotion requirements on time and his records were delayed or misplaced in the process.  In support of his application he submits copies of his first non-selection memorandum, several memorandums pertaining to his second non-selection for promotion to major, his Notification of Eligibility for Retired Pay at Age 60 letter, a letter in his own behalf, and a sequence of events.

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

He was appointed in the Reserve as a second lieutenant effective 13 June 1963 with prior enlisted service from 21 November 1958 to 12 June 1963.

He was promoted to first lieutenant effective 12 June 1966 and to captain effective 25 March 1970.

Based on the required 12 years time in service his promotion eligibility date (PED) for major was 24 March 1975 and the required 7 years time in grade, his PED for promotion to major was 24 March 1977, whichever is later.

He was considered and not selected for promotion to major by the 1976 and 1977 Reserve Components Selection Boards (RCSB’s).  He was not qualified for promotion based on the lack of the required military education, an advanced course.

The major selection boards normally are held from March through April of the given year.

His records and documentation submitted by the applicant show he completed the officer advanced course effective 11 May 1977.

On 11 January 1978, he was advised that if he had evidence that he had completed the educational requirements for promotion, such evidence should be forwarded for possible reconsideration by a Department of the Army Standby Advisory Board.

There is no evidence that the applicant submitted such evidence or requested reconsideration.

He was separated from the Ready Reserve effective 19 January 1979 and transferred to the Retired Reserve.

On 18 January 1979, he was notified of his eligibility for retired pay at age 60.

He was placed on the Retired List in the rank of captain effective 15 May 1995 upon reaching his 60th birthday.

The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the applicant was considered for promotion by the 1976 and 1977 RCSB’s and not recommended because his records did not contain evidence that he had completed an advanced course.  The officer completed the advanced course on 11 May 1977; however, regulations require that the education must be completed prior to the convening date of the boards.  Therefore, he has no basis for consideration by a special selection board (SSB).  In view of this information, it was recommended that the application be denied.

The advisory opinion was forwarded to the applicant for acknowledgment/rebuttal on 1 July 2003.  On 8 July 2003, the applicant responded stating that he did not receive a copy of the advisory opinion.  Another copy was forwarded to the applicant and the case was placed in a holding status until 1 August 2003.  As of 17 September 2003, no response has been received from the applicant.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that in order to be promoted to major an individual must have completed 7 years of time in grade as a captain and an officer advanced course on before the convening date of the respective promotion board.

The regulation also specifies that individuals twice not selected for promotion to major will be transferred to the Retired Reserve if they are eligible and request such transfer, or discharged.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to promotion to major.  He was fairly considered by his respective promotion boards and not selected.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes the applicant’s contentions that he satisfied all promotional requirements on time for promotion to major.  However, as verified by the Office of Promotions, Reserve Components, PERSCOM, the applicant completed the officer advanced course subsequent to the 1976 and 1977 promotion boards; therefore, he was not educationally qualified for promotion to major. 

3.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  Given that the applicant became a captain effective 25 March 1970 and that he had to be considered by a RCSB so that, if selected, he could be promoted by the time he had served 7 years in grade, the applicant knew, or should have known, that he would be considered by an RCSB as early as 1976 and that he needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

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

_JLP___  _AAO___  _PHM____   DENY APPLICATION

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

INDEX

CASE ID	AR2002082000	
SUFFIX		
RECON		
DATE BOARDED	20030923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.