APPLICANT REQUESTS: Reconsideration of his request for promotion to Major.
APPLICANT STATES: That he is fully aware of the three year
deadline for submission of an application. He contends, in effect, that the three year deadline should be waived in his case.
The applicant restates his contention that the lack of a college degree caused his nonselection for promotion to major.
He asserts that Northwestern College forwarded evidence of his degree to the Army.
The applicant sincerely believes that the failure of personnel at DA to record information concerning his degree had a detrimental impact on his career, and in effect, resulted in his nonselection for promotion to Major.
NEW EVIDENCE OR INFORMATION: Incorporated herein by
reference are military records which were summarized in
a memorandum prepared to reflect the Board's original
consideration of his case on 25 September 1996 (COPY
ATTACHED).
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. The statute under which the Board was established provides that an application must be filed within 3 years after discovery of the alleged error or injustice. The Board may excuse a failure to timely file if it finds it to be in the interest of justice. However, The Board has never denied an application simply because it was not submitted within the required time.
2. The applicants request for reconsideration contained no information that had not previously been known, including the sequence of events which he describes.
3. Whether or not the boards which considered the applicant for promotion to Major was aware of the applicants degree is unknown. There is no evidence of record to indicate that the applicants degree information was or was not made known to the promotion board, or was or was not made available to the DA personnel responsible for maintaining the applicants official records. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
4. 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 the aforementioned requirement.
5. 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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