| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas E. O’Shaughnessy | Member | |
| Ms. Brenda F. Hirschi | Member |
APPLICANT REQUESTS: Promotion reconsideration to captain.
APPLICANT STATES: In effect, that, through no fault of her own, she was not considered for promotion to the next higher United States Army Reserve (USAR) grade by the promotion selection board which should have considered her under 1995 criteria.
EVIDENCE OF RECORD: Incorporated herein by reference are military records which show the applicant is a Reserve officer whose records were not available when the original promotion board convened to consider her for promotion in the USAR to captain under 1995 criteria.
The Total Army Personnel Command (PERSCOM), at the request of this Board, arranged for the applicant’s records to be reviewed by an USAR Special Selection Board (SSB) that convened on 13 December 2000 under the original selection criteria. Thereafter, the PERSCOM advised that the officer listed herein was not recommended for promotion to the grade indicated.
Army Regulation 135-155 provides, in part, that to be fully qualified for selection, a member must be in the zone of consideration, on active duty or participating satisfactorily in Reserve training, qualified physically, morally, and professionally, capable of performing the duties of the next higher grade under mobilization conditions, educationally qualified (commissioned officers only), and that, for certain specialty fields, individuals must possess the appropriate SSI and/or other qualifications.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicants, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant’s available records have now been reviewed by the appropriate SSB for promotion consideration to captain under 1995 criteria, and she was not recommended for promotion.
2. The consideration for promotion by a SSB has accorded the applicant a fair and complete consideration for promotion under the original selection criteria as intended by statute and regulation.
3. Because promotion boards are not permitted to disclose the reasons for non-selection for promotion, there is no record of why the applicant failed to be selected for promotion to the next higher grade. In this regard, it must be noted that the selection board that considered the applicant for promotion was instructed to select only those who were considered fully
qualified for promotion to the next higher grade. Accordingly, it must be presumed that, when reviewed by the SSB, the applicant’s overall records failed to meet the standards established for selection on a fully qualified basis.
4. The Board further notes that the applicant still has a basis for consideration by a SSB under 1996 and upon consideration the Office of Reserve Promotions will notify her of the results.
5. 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.
6. 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 material error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__ao___ ___to___ __bh______ DENY APPLICATION
| CASE ID | AR2001052247 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010130 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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