MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 May 2002
         DOCKET NUMBER: AR2002066976

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Kenneth W. Lapin		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his Reserve commission be reinstated and that he be considered for promotion to the rank of first lieutenant (1LT).

APPLICANT STATES: That on 1 November 2001, he resigned his commission as an officer in the United States Army Reserve (USAR) in order to enlist in the USAR in an enlisted status. He goes on to state that he is a police officer in New York and since 11 September 2001, has attempted to be reinstated as an officer. He continues by stating that is currently serving in a USAR Military Police Unit in the pay grade of E-5 and was informed that he was twice nonselected for promotion to the rank of 1LT because his records did not indicate that he had completed the officer basic course (OBC). However, he had completed the OBC and therefore should not have been passed over. He also states that he served some time in the New York Army National Guard (NYARNG) but requested transfer to the Individual Ready Reserve (IRR) because he was accepted for an undercover police officer position in the Narcotics Division of the New York Police Department. He further states that while he was in the IRR, he received requests to perform active duty tours but declined them because his hair was long and he could not wear the uniform. By the time he finished his undercover assignment, he had been passed over twice; however, at the time, he believed that it was because he had not been active in the IRR. He contends that he can best serve his country in the role of a commissioned officer and military police (MP) platoon leader. In support of his application he submits a copy of his Academic Evaluation Report (DA Form 1059) showing his graduation from OBC and a copy of an electronic mail (E-Mail) message from the Army Reserve Personnel Command (ARPERSCOM).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was commissioned as a USAR second lieutenant (2LT) on 9 July 1989, upon completion of the Reserve Officer Training Corps (ROTC) program of instruction. At the time he accepted his appointment, he acknowledged that it was his responsibility to report any changes to his permanent address within 30 days. He was designated to be a signal corps officer. The applicant was appointed as a 2LT in the NYARNG on 16 October 1989 and was designated a MP officer. He attended the MP OBC on 23 September 1990 and graduated on 17 January 1991.

On 1 July 1991, he was discharged from the NYARNG under honorable conditions (General Discharge) for failure to participate. He was transferred to the USAR Control Group (Annual Training). His records also show that prior to his discharge, a unit counseling board was scheduled to determine if the applicant should be discharged from the NYARNG and the applicant failed to appear before the board as directed.

On 31 July 1992, the Army Reserve Personnel Command (ARPERSCOM) sent the applicant a notice informing him that his records did not indicate that he had completed the OBC and that he was not selected for promotion. He was informed that if he had proof of completion, he could provide it and be reconsidered. Otherwise, he would be retained in the USAR until completion of his obligation. He was honorably discharged from the USAR on 22 August 1997.
A review of his Chronological Statement of Retirement Points (ARPC Form 249-2-E) shows that he had only one qualifying year of service for retirement purposes during his 8 years of USAR service. A review of his Official Military Personnel File (OMPF) fails to reveal that he ever received an officer evaluation report. Accordingly, his record is absent of anything in which to evaluate his performance.

The e-mail message submitted by the applicant is from the ARPERSCOM Officer Promotions Branch and indicates that if the applicant’s commission is reinstated and he is considered for promotion to the rank of 1LT, he would be 11 years behind his peers if he is selected. It also indicates that the applicant has no evaluation reports in his OMPF in which to evaluate his performance.

Army Regulation 135-155 prescribes the policies and procedures used in the selection and promotion of commissioned officers in the USAR and the National Guard. It provides, in pertinent part, that a USAR officer in the grade of 2LT will be considered for promotion without review by a selection board. The officer’s records will be screened to determine eligibility for promotion to the next higher grade. An officer is qualified for promotion if in an active status, participating satisfactorily, and there are no grounds for removal from the service such as substandard performance, unfitness, unsuitability, or for security reasons. To be eligible for selection, an officer must be in an active status or participating satisfactorily in Reserve training. For promotion purposes, satisfactory participation consists of full compliance with all commander’s instructions. A commissioned officer is also required to meet certain educational requirements unless an exception is authorized. Selection for promotion is a recognition of potential for service in the higher grade. It is not a reward for past service.

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. Not only did the applicant have an obligation to ensure that his address remained current with the Department, he also had an obligation to ensure that his records remained current. It is apparent that the applicant was not concerned about his status at the time because it is also apparent that he made no contact over the years to ascertain his status. Otherwise, he would have been able to resolve the issue of his nonselection well before now.

3. Inasmuch as the applicant’s record is absent any evaluation reports, the Board finds that to void a duly constituted discharge in order for him to be considered for promotion would serve no useful purpose because there would be no basis in which to ascertain his ability to serve at the next higher grade.

4. While the Board commends him for his current service in the USAR, his previous service in the USAR is the issue at hand and the Board finds that under the circumstances, he was properly discharged upon completion of his statutory service obligation. The Board also finds that while he completed his OBC, there is insufficient evidence on which to determine that he was fully qualified to be promoted to the rank of 1LT.

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

__sac ___ __jm____ ___kwl __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002066976
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/05/07
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1997/08/22
DISCHARGE AUTHORITY	AR135-175
DISCHARGE REASON	ETS
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 192	110.0300/REINSTATE TO USAR
2.
3.
4.
5.
6.