Mr. Carl W. S. Chun | Director | |
Mr. Jessie B. Strickland | Analyst |
Mr. Walter T. Morrison | Chairperson | |
Mr. Lester Echols | Member | |
Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: In effect, that her discharge from the United States Army Reserve (USAR) be voided, that she be reinstated and promoted to the rank of major.
APPLICANT STATES: In effect, that she is a fully qualified nurse and Army officer who possesses critical skills and she desires to be reinstated in the USAR and promoted to the rank of major.
EVIDENCE OF RECORD: The applicant's military records show:
On 6 March 1989, she was appointed as a USAR first lieutenant in the Army Nurse Corps. She was promoted to the rank of captain on 19 May 1993, with a date of rank of 5 March 1993.
On 24 July 2000, she was notified by officials at the Total Army Reserve Personnel Command (ARPERSCOM) that she had been twice nonselected for promotion and that her established removal date from the USAR was 1 January 2001, unless she was eligible and applied to be transferred to the Retired Reserve. Accordingly, she was discharged under the provisions of Army Regulation 140-10 and Title 10, United States Code, section 14513,on 1 January 2001, due to being twice nonselected for promotion.
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 has noted the applicant's contentions that she should be reinstated and promoted to the rank of major; however, she has failed to show that she was not properly considered by the promotion selection boards that failed to select her for promotion or that her record contained errors that would constitute a re-look for promotion.
3. Therefore, the Board finds, absent evidence to the contrary, that she was properly discharged from the USAR.
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
___lf ___ __wtm __ ___le ___ DENY APPLICATION
CASE ID | AR2003084569 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 2003/06/26 |
TYPE OF DISCHARGE | (HD) |
DATE OF DISCHARGE | 2001/01/01 |
DISCHARGE AUTHORITY | AR140-10 |
DISCHARGE REASON | NONSELECTION FOR PROMOTION |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. 320 | 131.0100/NONSELECT PROM |
2. 192 | 110.0300/REINSTATE |
3. | |
4. | |
5. | |
6. |
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