| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Mark D. Manning | Member | ||
| Mr. Robert Duecaster | Member |
APPLICANT REQUESTS: Reinstatement as a Special Forces officer in the United States Army Reserve (USAR) in the rank of major or lieutenant colonel (LTC).
APPLICANT STATES: That there was no unjust action, just an error in his judgment and timing. He goes on to state that he was passed over for promotion twice because he had not completed the educational requirements for promotion to the rank of LTC and he did not complete the election form that would have retained him in the inactive Reserve because he was working for the Department of Defense and was out of the country at the time. He further states that he has spent 31 years in the Special Warfare arena and believes that his skills would be of particular benefit to the Army and the country during this time of crisis. In support of his application he submits a copy of his resume and a video tape.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was born in Tacoma, Washington, on 29 January 1946 and enlisted in Spokane, Washington on 16 September 1966 for a period of 3 years and airborne training. He successfully completed his training and remained on active duty until he was honorably discharged on 21 November 1967, upon completion of Officer Candidate School, to accept a USAR commission.
He was commissioned as a USAR second lieutenant on 22 November 1967 with a concurrent call to active duty. He was initially commissioned as a Quartermaster Corps officer and subsequently branch transferred to Infantry.
He was transferred to Vietnam on 22 August 1968 and was promoted to the rank of captain on 22 November 1969. He served 18 months in Vietnam.
He continued to serve on active duty until 8 August 1975, when he was honorably released from active duty (REFRAD) and was transferred to the USAR Control Group (Reinforcement). He had served 8 years, 10 Months and 23 days of total active service.
He was promoted to the rank of major on 20 November 1980 and on 30 December 1987, he was notified that he had been twice nonselected for promotion to the rank of LTC and would be discharged within 90 days if he failed to elect transfer to the Retired Reserve. The applicant failed to respond and on 30 March 1988, orders were published which honorably discharged him from the USAR.
The video tape provided by the applicant consist of the applicant, in a civilian role, explaining and demonstrating equipment used by special operations personnel.
Army Regulation 135-175 provides policy, criteria and procedures for the separation of USAR officers. It provides, in pertinent part, that members of the USAR will be removed from an active status will be discharged for failure to be selected for promotion after the second consideration by a Department of the Army Reserve Components selection board, for reaching the maximum age of 60, or for failure to complete military education requirements (50% of the Command and General Staff Officers Course for promotion to LTC).
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. The Board commends the applicant for his desire to be of further service; however, the applicable laws and regulations preclude his reinstatement if he has been properly discharged for being twice nonselected for promotion. Accordingly, there is no basis to reinstate him to the USAR
3. 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
__ra ____ __tap ___ __ao____ DENY APPLICATION
| CASE ID | AR2002081007 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/05/15 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 192 | 110.0300/REINSTATE |
| 2. | |
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