| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. John T. Meixell | Member | |
| Ms. Linda D. Simmons | Member |
APPLICANT REQUESTS: In effect, that he be reconsidered for promotion to major by a special selection board (RCSB) under the calendar year 2000 criteria.
APPLICANT STATES: That he met the promotion requirements by the convening date of the Reserve Components Selection Board for calendar year 2000. His name was administratively removed from the considered list. He submits copies of documents from his Official Military Personnel File (OMPF) in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed a second lieutenant in the Army Reserve from the Reserve Officer Training Corps effective 18 July 1984. He completed the officer basic course effective 24 May 1985. He served in Southwest Asia from 23 December 1990 to 20 April 1991. He was promoted to captain effective 23 September 1991.
He was considered but not selected for promotion to major by the 1998 and 1999 RCSBs. His OMPF shows that he had not completed an officer advanced course prior to the convening date of the promotion boards. The applicant was notified by a Total Army Personnel Command memorandum, dated 14 January 2000, that his removal from an active status was required after his second nonselection by Title 10, United States Code (USC) unless he was eligible for transfer to the Retired Reserve.
There is no information in the available record to explain why the applicant was not removed from an active status in a timely manner. He was still in an active status when the calendar year 2000 RCSB for major convened on 7 March 2000, and his records were considered. The board adjourned on 6 April 2000, and the applicant was not selected for promotion.
The applicant provides a copy of his officer advanced course completion certificate that shows the course period as 2 to 14 April 2000. On 15 July 2000, the applicant requested reconsideration for promotion to major. In his request he outlined his reasons for not completing an officer advanced course prior to the promotion board convening dates. Effective 7 November 2000, the applicant was discharged from the Army Reserve as a result of his second failure of selection for promotion to major. The Office of Promotions, Reserve Components, responded to his request on 30 March 2001. His request for reconsideration was denied based on his lack of the required military education prior to the board convening dates.
Title 10, USC, section 14506, provides that a captain on the Reserve Active Status List who has failed selection for promotion to the next higher grade for the second time, shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board.
Army Regulation 135-155 provides the military education requirements for officer promotions. It states that to qualify for promotion selection, commissioned officers must complete the educational requirements not later than the date the selection board convenes. The regulation stipulates that the military education requirements for promotion to major are completion of an officer advanced course and the Combined Arms and Services Staff School.
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 applicant’s contention that he met the educational requirements of the calendar 2000 RCSB is without merit and is not relevant to his required removal from an active status. He was not selected for promotion to major for the second time by the calendar year 1999 RCSB and his removal was required by law.
2. He was considered for promotion to major a third time by the calendar year 2000 RCSB, that convened on 7 March 2000, almost 1 month prior to the course start date for his final phase of his officer advanced course. He still had not completed his officer advanced course or the Combined Arms and Services Staff School by the board adjournment date of 6 April 2000.
3. 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. He is not entitled to reconsideration for promotion.
4. 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
__js____ ___jm_____ __ls_____ DENY APPLICATION
| CASE ID | AR2001064444 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020321 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.11 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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