APPLICANT REQUESTS:  That he receive Standby Advisory Board (STAB) consideration for promotion to master sergeant (MSG).

APPLICANT STATES:  That he is entitled to promotion reconsideration to MSG because 68 semester hours of college courses and 3 years of college education was missing from his record when it was considered by the promotion board.  Further, he wishes to have a corrected noncommissioned officer evaluation report (NCO-ER) reviewed by the promotion board as well.

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

He entered the service on 10 June 1981 and through a series of immediate reenlistments has remained on active duty.  On 1 August 1992 he was promoted to the grade of sergeant first class.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM).  The PERSCOM stated that the applicant’s records had been considered in the secondary zone by the January 1996 MSG promotion board and he was not selected.  STAB’s are convened to consider records of those from a primary zone and only the absence of a degree, not a record of college credit hours completed would constitute a material error in the record.  Therefore, the applicant’s request should be denied.

Army Regulation 600-8-19, Enlisted Promotions and Reductions, provides in pertinent part, the rules for processing STAB considerations.  The PERSCOM will determine if a material error existed in a soldier’s record when the file was reviewed by a promotion board.  An error is considered material when there is a reasonable chance that had the error not existed the soldier may have been selected for promotion.  Only soldiers who were not selected from a primary zone of consideration will be reconsidered for promotion.  Soldiers who were considered in a secondary zone will not be reconsidered.

The same regulation also provides that material error regarding civilian education would only pertain to the receipt of a degree which was not recorded in the record or was not seen in hard copy by the board.

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 accordance with the regulatory guidance concerning STAB’s, soldiers who were considered in the secondary zone will not be reconsideration by a STAB.

2.  Notwithstanding the foregoing, he has not shown that he is entitled to STAB consideration based on the errors he alleges.

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