Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003086465C070212
Original file (2003086465C070212.rtf) Auto-classification: Denied



RECORD OF PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 18 November 2003
         DOCKET NUMBER: AR2003086465


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

Mr. Carl W. S. Chun Director
Mr. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Mark D. Manning Member
Ms. Barbara J. Ellis Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE :

1. The applicant requests, in effect, another reconsideration for promotion to major. He also requests that any reference to his two time non-select status be expunged.

2. The applicant states that he was injured in an automobile accident that precluded his participation in an active Reserve capacity. This resulted in his inability to attend the Advanced Course and, as a result, he was twice non-selected for promotion. After he recovered from his accident, he enlisted. He sought and was granted an educational waiver. He believes that his name should be removed from the list of those considered for promotion to major by the 2001 Reserve Components Selection Board.

3. He presents no supporting documentation.

CONSIDERATION OF EVIDENCE:

1. The applicant was appointed an Army Reserve infantry officer in 1986. His service on active duty from 6 December 1990 to 9 January 1992 included duty in Southwest Asia.

2. He continued to participate in the Active Reserve and was promoted to captain on 25 May 1993. He received notice of his second non-selection for promotion to major in a 26 July 2001 memorandum and was informed that he would have to be discharged. He was discharged on 7 December 2001.

3. He enlisted in the Army Reserve on 21 March 2002 in pay grade E-5.

4. A 5 June 2002 memorandum from Chief Office of Promotions, Reserve Components, Total Army Personnel Command informed him that a special selection board had considered and non-selected him for promotion under the 2000 criteria.

DISCUSSION AND CONCLUSIONS :

1. There is no direct evidence that the applicant was granted an educational waiver, but apparently he was. Certainly, he was re-considered for promotion to major by a special selection board.

2. There is insufficient available evidence to support a decision to grant the requested relief. The applicant has already received re-consideration for promotion to major by a special selection board and there is no evidence or argument to support expunging the record of his non-selections.
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.

4. In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ MDM _ __ JNS ___ __ BJE __ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ___ John N. Slone ___
                  CHAIRPERSON




INDEX

CASE ID AR
SUFFIX
RECON
DATE BOARDED 20031118
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002078620C070215

    Original file (2002078620C070215.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Based upon a review of the case by an official of the PERSCOM, it was determined that the applicant’s official military personnel file (OMPF) contained material error when he was considered and not selected for promotion by the Reserve Components Selection Boards (RCSBs) convening November to December in 1995,...

  • ARMY | BCMR | CY2006 | 20060000892C070205

    Original file (20060000892C070205.doc) Auto-classification: Approved

    Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his enlistment contract be voided with reinstatement in the United States Army Reserve (USAR) Control Group and promoted to lieutenant colonel, based on the results of a special selection board (SSB). As a result, the Board recommends that all the State of Oklahoma and Department of the Army records of the...

  • ARMY | BCMR | CY2003 | 2003090452C070212

    Original file (2003090452C070212.rtf) Auto-classification: Denied

    The applicant requests, in effect, a military education waiver and promotion reconsideration to major. The applicant's records show he received officer evaluation reports (OER) for the periods ending 5 May 1992, 14 April 1994, and 4 November 1994, in which each rater stated the applicant should be selected for and attend OAC. The applicant had not completed his military education by the convening dates of the 2001 and 2002 promotion boards, he was not qualified for promotion without an...

  • ARMY | BCMR | CY2002 | 2002068016C070402

    Original file (2002068016C070402.rtf) Auto-classification: Approved

    On 12 May 1994, the applicant's name appeared on promotion orders for promotion to major with a date of rank and effective date of 8 June 1994. Army Regulation 135-155 concerning promotion of Reserve officers, then in effect, specified that an active duty officer who is selected for promotion but removed from the ADL and placed in an active Reserve status prior to promotion, is not eligible for that promotion and that officer will be considered for promotion by a Reserve promotion board. ...

  • ARMY | BCMR | CY2001 | 2001057659C070420

    Original file (2001057659C070420.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 23 March 2000, the Congressman, sent a letter to the United States Army Reserve Personnel Command requesting that the applicant be transferred to the Standby Reserve (Inactive) in accordance with Army Regulation 135-133 (Ready Reserve Screening, Qualification Records System, and Change of Address Reports),...

  • ARMY | BCMR | CY2002 | 2002067742C070402

    Original file (2002067742C070402.rtf) Auto-classification: Approved

    The applicant requests, in effect, that he be considered for promotion to captain (CPT) in the U. S. Army Reserve (USAR) under criteria for 1994 through 1999. The applicant states that he was promoted to first lieutenant (1LT) in the USAR on 7 October 1990. The applicant was eligible for promotion to CPT on 6 October 1994, but his record was erroneously not considered by promotion boards from 1994 through 1999 that should have considered him for promotion.

  • ARMY | BCMR | CY2005 | 20050003331C070206

    Original file (20050003331C070206.doc) Auto-classification: Denied

    Larry J. Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's military records show that he was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 20 May 1988, and ordered to 3 years active duty on 29 July 1988. The evidence shows that because his educational requirements were not provided to the 1999 DA Reserve Components MAJ Selection Board, he was considered by the August 2000 DA...

  • ARMY | BCMR | CY2003 | 2003090384C070212

    Original file (2003090384C070212.rtf) Auto-classification: Denied

    The Office of Promotions, Reserve Components can only grant a waiver for an upcoming selection board and the request must be received prior to the convening date of the selection board. The opinion also stated that the Army Board for Correction of Military Records (ABCMR) is the office that has the authority to grant a waiver for education for past criteria. The regulation also specifies that completion of an OAC not later than the day before the selection board convening date is required...

  • ARMY | BCMR | CY2002 | 2002082002C070215

    Original file (2002082002C070215.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his enlistment be voided and correction to his promotion effective date and date of rank for captain. Pertinent laws and regulations specify that promotion as a result of recommendation by an SSB, upon such promotion, shall have the same promotion effective date for pay and allowances of that grade had the officer been recommended by the mandatory selection board. BOARD DETERMINATION/RECOMMENDATION:

  • ARMY | BCMR | CY2002 | 2002079633C070215

    Original file (2002079633C070215.rtf) Auto-classification: Approved

    The applicant requests, in an amended application dated 28 October 2002, in effect, that his records be corrected to show he was honorably discharged from the United States Army Reserve (USAR) on 5 March 2001, and that all documents and references to his twice being not selected for promotion to major (MAJ) be removed from his Official Military Personnel File (OMPF). The applicant states, in effect, that after being advised by the Board staff that the original relief being considered would...