| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: Promotion to the rank of brigadier general (BG).
APPLICANT STATES: In effect, that he was unjustly denied selection and promotion to the rank of BG because of an incident that occurred early in his career, where he was protecting a young lady from sexual harassment and struck another officer in the officer’s club. As a result, he was placed on house arrest and restricted to post for 30 days. He goes on to state that while in Korea, serving in the rank of colonel, he was told that a four-star general recommended him for promotion to BG. However, when he did not get selected, another officer working at his branch informed him that he had hit another officer and that prevented his being selected. He contends that an injustice occurs when a recommendation from a four-star general is ignored.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was commissioned as a United States Army Reserve (USAR) second lieutenant on 25 April 1941 and was ordered to active duty in July 1942. In March 1946 he was released from active duty (REFRAD) and was transferred back to the USAR Control Group. He was ordered to active duty in March 1951 and remained on active duty until he was REFRAD due to voluntary retirement on 28 February 1973 in the rank of colonel. He had served 26 years, 8 months and 5 days of total active service.
A review of the applicant’s records shows that he was promoted to the rank of colonel on 5 January 1970. His highest civilian education was a bachelor’s degree and his highest military education was the Career Officer’s Course completed by correspondence (equivalent to advance course). The applicant’s records contain no indication of a recommendation for promotion by a general officer. A review of his evaluation reports shows that in most cases he was recommended for promotion along with his contemporaries. His record contains no derogatory information nor is there any reference to the incident cited by the applicant.
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. While the Board understands the applicant’s disappointment in not being selected for promotion, this in itself is not sufficiently mitigating to warrant the Board directing such a promotion when there is no evidence present to show that he was unjustly denied promotion.
3. Unfortunately, promotion boards do not reveal the reasons for selection or nonselection and the passage of time (approximately 30 years) makes it difficult at best to determine if the applicant was unduly denied promotion.
4. Inasmuch as this Board is not an investigative board and since the applicant has failed to show through the evidence submitted with his application and the evidence of record that an error or injustice occurred in his case. There is no basis to promote him further.
5. 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
__rtd____ ___js____ ___dh___ DENY APPLICATION
| CASE ID | AR2001057509 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/08/28 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 319 | 131.0900/ADV TO BG |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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