APPLICANT REQUESTS: In effect, promotion reconsideration to the rank of captain in the USAR.
APPLICANT STATES: That at the time he was twice nonselected
for promotion to the rank of captain in the USAR, he was informed by officials at the Army Reserve Personnel Center (ARPERCEN) that his records indicated that he had three different branches listed in his records, air defense artillery, armor, and medical services. However, he has always been an engineer officer and his records should have reflected such. 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 15 August 1986. Upon completion of the engineer officer basic course he was detailed as an engineer officer and continued to serve in that capacity in a USAR engineer company in Puerto Rico. He was promoted to the rank of first lieutenant on 14 August 1989.
On 8 June 1994 the Reserve Command notified the applicant that he had been twice nonselected for promotion to the rank of captain and would be discharged from the USAR.
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 and 1994 Department of the Army Reserve Components Selection Boards 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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