RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20040008786


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      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 promotion reconsideration to Major (MAJ) by a
Special Selection Board (SSB) using the criteria established for the 1993
RCSB (Reserve Component Selection Board).

2.  The applicant also requests, in effect, credit of at least 50 points
per year for each year he was in the Retired Reserve, making those years
creditable for non-regular retired pay purposes; entitlement to pay and
allowances that he lost by being in the Retired Reserve instead of the
Individual Ready Reserve; extension of his Mandatory Removal Date (MRD); he
be selected to attend the US Army Command and General Staff College
(USACGSC); and his records be annotated to reflect his struggle to correct
an injustice.

3.  The applicant reiterates the same arguments made in his original
application to the Army Board for Correction of Military Records (ABCMR) on
19 June 2003.

4.  The applicant provides the following in correspondence originally
directed to his United States Senator:

      a.  A 10 September 2004 letter to his US Senator.

      b.  A 2-page self-authored document detailing his issues and
requests.

      c.  A timeline chart.

      d.  Three US Army Reserve Personnel Command Chronological
Statement[s] of Retirement Points, dated 15 June 1999, 20 December 2002,
and 1 September 2004.

5.  The applicant provides the following under separate cover:

      a.  Two DA Forms 67-7 (Officer Evaluation Report (OER)) for 19780812
– 19790210 and 19790211 – 19791031.

      b.  Ten DA Forms 67-8 (OER) covering the periods 19810516-19820515,
19821016-19831015, 19831016-19840408, 8-month gap (19840809-19850408),
19850409-19850922, 19850923-19860803, 19860804-19870803, 19870804-19880803,
19880804-19890424, 5-month gap (19890425-19890929), 19890930-19900929,
19900930-19910731.  These ten OER's were previously available without
Senior Rater (SR) profiles.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AR2003094328 on 27 April 2004.

2.  The applicant appears to have had a "due course" career as an officer
in the Army National Guard (ARNG) from his initial appointment as a 2LT
(Second Lieutenant) in the Arizona ARNG on 12 August 1978, to his promotion
to 1LT (First Lieutenant) on 4 August 1981, to his promotion to CPT
(Captain) on 4 August 1986.  He completed the Field Artillery Officer
Advanced Course (FAOAC) on 30 March 1988, but proof of completion was not
placed in his personnel records.  In 1992, his career took an abnormal
turn.

3.  On 8 June 1992, the applicant was honorably separated from the Texas
ARNG by reason of resignation.  His separation order and his NGB Form 22
(Report of Separation and Record of Service) both indicate that he was
transferred to the USAR Control Group (Reinforcement), the Individual Ready
Reserve (IRR).  In 1993, he was considered for promotion to MAJ, but was
not selected.  He was advised on 3 May 1993 to provide proof of his
completion of FAOAC for possible promotion reconsideration.  There is no
evidence that he complied with this request.

4.  The applicant's records were updated to show he was separated from the
ARNG on 29 June 1992 and transferred to the IRR on 30 June 1992.  Had he
been in the Retired Reserve in June 1992, he could not have been considered
for promotion by the 1993 RCSB.

5.  The applicant was reassigned from the IRR to a Troop Program Unit (TPU)
effective 15 October 2003.

6.  On 27 April 2004, the ABCMR addressed the applicant's request for
promotion reconsideration to MAJ using the 1993 RCSB criteria.  The Board
denied that request because the OERs provided by the applicant did not
contain a SR profile.  In the Record of Proceedings, the Board left open
the possibility for an SSB should the applicant obtain "re-profiled OER's."

7.  The applicant was considered and not selected for promotion to MAJ by
the 2004 RCSB.  He was discharged from the USAR effective 3 January 2005,
based on his 1993 and 2004 non-selections.

8.  The Office of Promotion, Reserve Components, Army Human Resources
Command – St. Louis, Missouri, advised a staff member of this board, that
the applicant had submitted 13 re-profiled OER's to that office.  Based on
the receipt of the re-profiled OER's the applicant was identified for
consideration for promotion to major under the 1993 criteria for the
scheduled December 2005 SSB.  If the applicant is not selected under the
1993 criteria, his promotion file will be identified for consideration
under the 1994 criteria.

9.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that promotion
reconsideration by an SSB may only be based on erroneous non-consideration
or material error, which 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,
except where an individual is not qualified due to non-completion of
required military schooling.

10.  DA Pamphlet (DA PAM) 600-3 (Commissioned Officer Professional
Development and Career Management) serves primarily as a professional
development guide for all officers.  It states "In many respects, officers
are ultimately their own career managers.  While Army requirements dictate
the final outcome of all career development actions, in every case the
officer must participate in such decisions.  Participation in the career
development process is possible at the basic branching/career management
field designation point, volunteering for training and education programs,
selection of FA, preferences for career field, application for entry into
special programs and long–range planning of career goals.  The key is to be
involved in career development by making informed and logical decisions and
acting on them."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's re-profiled OER's have been included in his promotion
file and he has been identified for consideration for promotion to MAJ
under the 1993 criteria by the scheduled December 2005 SSB.

2.  The applicant further requests he be credited with at least 50 points
per year for each year he was in the Retired Reserve with entitlement to
back pay and allowances.  Crediting of retirement points and pay and
allowances will be based on the results of his SSB and will not be further
addressed at this time.

3.  DA PAM 600-3 clearly advises that the individual officer is his/her own
best career manager; if the individual officer does not take an active,
personal interest in his/her career, that career will likely not proceed to
a smooth conclusion.  It is abundantly clear he did not assume an active
role in the management of his career.

4.  The applicant requests the ABCMR correct an injustice against him by
allowing him to attend the US Army Command and General Staff College for
selection for advanced schooling and extending his MRD.  The applicant has
provided no proof that he was denied schooling or that his MRD should be
extended.  The Board sees no injustice in this case.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tdh___  ___ji___  ___cd___  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.



                                  Thomas D. Howard, Jr.
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008786                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]