APPLICANT REQUESTS:  That she be allowed to be retained in an active Reserve status and remain in her present unit. 

APPLICANT STATES:  In effect, that she was unjustly nonselected for promotion to the rank of major due to her not having a baccalaureate degree.  However, she was commissioned in 1980, prior to the implementation of the requirement.  Therefore, it should not apply to her and she should be allowed to remain in an active status in her unit. 

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

The applicant was commissioned as a USAR second lieutenant in the Army Nurse Corps on 20 June 1980 and assigned to a troop program unit (USAR field hospital) in Augusta, Georgia.  She remained assigned to the same unit throughout her career and was promoted to the rank of captain on 17 June 1986.

In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the Army Reserve Personnel Center (ARPERCEN).  It opined that the applicant was considered by the 1993 and 1994 Department of the Army Reserve Component Selection Boards and was nonselected for promotion to the rank of major.  Although promotion boards do not divulge the reasons for selection or nonselection of officers for promotion, it is known that her nonselection was not related to her not having a baccalaureate degree, as she was commissioned in 1980 and the requirement only applied to Army Nurse Corps officers commissioned on or after 1 October 1986. It further opined that based on the fact that the applicant was a two-time nonselect for promotion, she was not retained in an active Reserve status and transferred to the Retired Reserve.  The ARPERCEN opined that there was no basis for her retention in an active Reserve status and recommended that her request be denied.

Army Regulation 135-175, in effect at the time, set forth the basic authority for the separation of Reserve Component officer personnel.  Chapter 4 of that regulation describes the conditions under which Army Reserve officers may be discharged from their status as Reserves of the Army.  

Paragraph 4-4a of that regulation provides, in pertinent part, that members of the Army Reserve will be removed from an active status and discharged or transferred to the Retired Reserve (if eligible), within 90 days after the board reports its findings, for nonselection for promotion after the second consideration by a Department of the Army Reserve Components selection board if the officer is in the grade of first lieutenant, captain or major (Title 10, U.S. Code, section 3846).

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 order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s contention that she was nonselected for promotion due to her not having a baccalaureate degree appears to be without merit.  Not only is there no evidence in the available records to support such a contention, the applicant has also not submitted any evidence which would suggest that such was the reason for her nonselection for promotion.  Accordingly, there is no basis to allow her to remain in an active Reserve status. 

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

                       DENY APPLICATION




		Karl F. Schneider
		Acting Director