MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 May 2003
	DOCKET NUMBER:   AR2002081007

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert Duecaster		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:  Reinstatement as a Special Forces officer in the United States Army Reserve (USAR) in the rank of major or lieutenant colonel (LTC).

APPLICANT STATES:  That there was no unjust action, just an error in his judgment and timing.  He goes on to state that he was passed over for promotion twice because he had not completed the educational requirements for promotion to the rank of LTC and he did not complete the election form that would have retained him in the inactive Reserve because he was working for the Department of Defense and was out of the country at the time.  He further states that he has spent 31 years in the Special Warfare arena and believes that his skills would be of particular benefit to the Army and the country during this time of crisis.  In support of his application he submits a copy of his resume and a video tape.

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

The applicant was born in Tacoma, Washington, on 29 January 1946 and enlisted in Spokane, Washington on 16 September 1966 for a period of 3 years and airborne training.  He successfully completed his training and remained on active duty until he was honorably discharged on 21 November 1967, upon completion of Officer Candidate School, to accept a USAR commission. 

He was commissioned as a USAR second lieutenant on 22 November 1967 with a concurrent call to active duty.  He was initially commissioned as a Quartermaster Corps officer and subsequently branch transferred to Infantry.  

He was transferred to Vietnam on 22 August 1968 and was promoted to the rank of captain on 22 November 1969.  He served 18 months in Vietnam. 

He continued to serve on active duty until 8 August 1975, when he was honorably released from active duty (REFRAD) and was transferred to the USAR Control Group (Reinforcement).  He had served 8 years, 10 Months and 23 days of total active service.   

He was promoted to the rank of major on 20 November 1980 and on 30 December 1987, he was notified that he had been twice nonselected for promotion to the rank of LTC and would be discharged within 90 days if he failed to elect transfer to the Retired Reserve.  The applicant failed to respond and on 30 March 1988, orders were published which honorably discharged him from the USAR.

The video tape provided by the applicant consist of the applicant, in a civilian role, explaining and demonstrating equipment used by special operations personnel.

Army Regulation 135-175 provides policy, criteria and procedures for the separation of USAR officers.  It provides, in pertinent part, that members of the USAR will be removed from an active status will be discharged for failure to be selected for promotion after the second consideration by a Department of the Army Reserve Components selection board, for reaching the maximum age of 60, or for failure to complete military education requirements (50% of the Command and General Staff Officers Course for promotion to LTC). 

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 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.

2.  The Board commends the applicant for his desire to be of further service; however, the applicable laws and regulations preclude his reinstatement if he has been properly discharged for being twice nonselected for promotion.  Accordingly, there is no basis to reinstate him to the USAR

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

__ra ____  __tap ___  __ao____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081007	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  192	110.0300/REINSTATE	
2.		
3.		
4.		
5.		
6.