APPLICANT REQUESTS: In effect, promotion reconsideration to the rank of captain in the USAR.
APPLICANT STATES: That he was nonselected for promotion to the rank of captain in the USAR in 1993 because his promotion packet was never forwarded to the promotion board. Accordingly, he should be reconsidered for promotion and retained in an active Reserve status.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was commissioned as a USAR second lieutenant on 16 May 1986. He subsequently accepted a commission in the Mississippi Army National Guard on 1 June 1986 and was detailed as a field artillery officer. He was released from the National Guard on 14 July 1987 and transferred to a USAR Troop Program Unit for duty as an Adjutant General Corps officer. He was promoted to the rank of first lieutenant on 27 May 1989.
On 29 January 1993 the Army Reserve Personnel Center (ARPERCEN) notified the applicant that he had been nonselected for promotion to the rank of captain.
In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the ARPERCEN. It opined that a review of the applicants records revealed that his records were complete when considered by the 1993 Department of the Army Reserve Components Selection Board and that the applicant has no basis for reconsideration by a promotion advisory board. Accordingly, the ARPERCEN recommended that his request be denied.
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. All critical elements, officer evaluation reports, highest military education, highest level of civilian education, and military awards (Silver Star or higher) were present in the applicants records when the promotion selection boards considered him for promotion to the rank of captain. Therefore, there is no basis to grant him promotion reconsideration.
3. In view of the foregoing, there is no basis for granting the applicants 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
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