MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002074814

         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
Ms. Stephanie Thompkins		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Lana E. McGlynn		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, promotion reconsideration to lieutenant colonel.

APPLICANT STATES: That it is his understanding that although a material error could have occurred, the Total Army Personnel Command (PERSCOM) is obligated to provide accurate and timely personnel records in accordance with Army Regulation 600-8-29, Officer Promotion, for initial promotion reconsideration. He also states that he was notified of his non-selection for promotion and upon review of his records, he discovered a corrected Officer Record Brief (ORB), dated 8 February 2001, was omitted. He requested promotion reconsideration and on 12 October 2001, his request was disapproved by the PERSCOM. He claims that he was eligible for promotion to lieutenant colonel and non-selected due to a material error when the promotion selection board considered his records. He submits a statement in his own behalf, copies of a service school academic evaluation report dated 18 May 1995, his ORB's dated 20 December 2000 and 8 February 2001, his officer evaluation report for the period ending 1 June 2001, his request for promotion reconsideration dated 18 June 2001 and a memorandum from the PERSCOM dated 12 October 2001 in support of his request.

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

He was appointed in the Reserve from Reserve Officers Training Corps as a second lieutenant effective 16 December 1983. He was promoted to first lieutenant effective 16 December 1986.

He was ordered to active duty in an Active Guard/Reserve status with a reporting date of 3 May 1987.

He was promoted to captain effective 1 January 1990.

His records show he completed the Command and General Staff College Non-Resident Course (CGSC) on 18 May 1995.

He was commissioned in the Regular Army effective 1 December 1996 and promoted to major.

His ORB dated 20 December 2000, section IX – Assignment History, shows him assigned to the USA Battalion Command Training Program as a student on 31 July 2000.

His ORB dated 8 February 2001, section IX – Assignment History, shows him assigned to Student Detachment CGS on 31 July 2000.


His records show he completed the CGSC Resident Course on 1 June 2001.

He was considered and not selected for promotion to lieutenant colonel by the 2001 promotion board.

On 18 June 2001, he requested promotion reconsideration due to administrative error. In his request, he stated that his present assignment history listed on his ORB dated 20 December 2000, may have indicated to the board members that he was released for the Command and General Staff Officer Course (CGSC) and placed in a holding pattern at the battalion command waiting administrative action.

In a memorandum dated 12 October 2001, the Chief of Promotions Branch, PERSCOM advised him that in the absence of a material error in his promotion file, his request for promotion reconsideration must be denied. He also advised the applicant that PERSCOM was the custodian for all documents seen by the promotion board. In that regard, the applicant's ORB that he signed and certified as being correct on 20 December 2000 was reviewed. He also advised the applicant that at the time he reviewed his ORB, he could have made pen and ink corrections to the ORB and also written a memorandum to the promotion board informing them of any accomplishments he deemed important to his promotion potential. He further advised the applicant that after reviewing his microfiche, it was revealed that the Academic Report for CGSC states that he was a resident of the course. Therefore, the board was aware of his residence status at CGSC.

Army Regulation 600-8-29 prescribes the policies and procedures for promotion of officers on active duty. This regulation specifies that promotion reconsideration by a special selection board (SSB) may only be based on erroneous non-consideration due to administrative error, the fact that action by a previous board was contrary to law, or because material error existed in the record at the time of consideration. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual's non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection.
This regulation also specifies that a copy of the officer’s records are dispatched 30 days before the convening date of the board and officers are directed to review the records and submit copies of missing documents and other corrections. Lack of notification does not provide an independent basis to be reconsidered by an SSB.

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 view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to lieutenant colonel by an SSB. He has not shown error, injustice, or inequity for the relief he now requests.

2. His contention that his records contained material error when reviewed by the 2001 promotion board has been noted. However, after a review of his records by the Promotions Branch, it was determined that his records did not contain material error. The applicant was advised that he could have made pen and ink changes to his ORB and also could have written a memorandum informing the promotion board of any accomplishments he deemed important to his promotion potential.

3. His contention that his ORB dated 20 December 2000 may have indicated to the board members that he was released from CGSC in 2000 has also been noted. However, as the Promotions Branch also advised him that his academic report for CGSC states that he was a resident of the course the board was aware of his residence. The fact that his ORB dated 8 February 2001 indicated he was assigned to Student Detachment CGS on 31 July 2000 and his ORB dated 20 December 2000 indicates he was assigned to the US Battalion Command Training Program as a student are not a basis for reconsideration by an SSB. Again, the applicant could have made pen and ink changes to correct his 20 December 2000 ORB at the time.

4. His records were complete and without material error when reviewed by the 2001 promotion board and he is not; therefore, entitled to an SSB.

5. The Board further notes that as shown in this case, promotion is not automatic based on qualifications alone, but includes a competitive process of a promotion board determining an individual's potential and ability to perform at the higher grade. Promotion and retention is keenly competitive, and many officers will not be selected.

6. Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers. The general requirements and workings of the system are widely known and specific details such as promotion board dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications. Given that the applicant became a major in 1996, and that he had to be considered by a promotion board so that, if selected, he could be promoted by the time he

met the required years in grade, the applicant knew, or should have known, that he would be considered by a promotion board as early as 2001 and that he needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

7. 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.

8. 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

__LEM__ _ _TSK__ _ _FNE__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002074814
SUFFIX
RECON
DATE BOARDED	20020813
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131.00
2.
3.
4.
5.
6.