RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 August 2005
      DOCKET NUMBER:   AR20040010566


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      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, reconsideration for promotion to
major (MAJ) and reinstatement in the officer corps.

2.  The applicant states, in effect, he believes his non-selection for
promotion to MAJ in 1995 may have been in error.  He claims the promotion
selection board was unaware that he had completed the Infantry Officer
Advanced Course (IOAC) in July 1995.  He indicates he just recently learned
of this information was not in his file.

3.  The applicant provides an IOAC Academic Evaluation Report (AER) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he is currently serving on active duty, as
an enlisted member of the Army National Guard (ARNG) in a mobilized unit.
He currently holds the rank of sergeant/E-5 (SGT/E-5).

2.  The applicant’s record shows he was commissioned a second lieutenant on
26 May 1982, upon his graduation from the United States Military Academy.
The applicant was promoted to captain (CPT) on 1 January 1986.  He served
on active duty until being honorably separated and transferred to the
United States Army Reserve (USAR) on 1 August 1987.

3.  On 26 May 1994, the Chief, Office of Promotions, Reserve Components
(RC), United States Army Total Personnel Command, currently known as Army
Human Resources Command (AHRC), St. Louis, notified the applicant he had
been considered, but not selected, for promotion to MAJ by a Reserve
Component Selection Board (RCSB).  He was informed he would again be
considered for promotion by the next year’s RCSB.

4.  On 2 June 1995, AHRC, St. Louis, Chief, Office of Promotions, RC,
notified the applicant he had been considered and again not selected for
promotion to MAJ by the RCSB.  He was also advised that because this was
his second non-selection, he had to be separated from the Army Reserve.

5.  On 21 July 1995, the applicant was issued an AER that shows he achieved
the course standards and successfully completed the IOAC on that date.

6.  On 13 October 1995, United States Army Reserve Personnel Center Orders
Number D-10-589543 directed the applicant honorable discharge from the Army
Reserve under the provisions of Army Regulation 135-175.

7.  The Reserve Officer Personnel Management Act (ROPMA), a public law
enacted by Congress on 5 October 1994, prescribed policies and procedures
to consolidate and modernize the laws governing the management of RC
officers.  ROPMA was implemented on 1 October 1996, and it established that
all mandatory promotion boards would use the best-qualified selection
criteria.  The best-qualified selection criteria would replace the fully-
qualified selection criteria used for promotion to captain through
lieutenant colonel.

8.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  Section III provides the policy on
promotion reconsideration boards.  It states that officers records may be
placed before a SSB for reconsideration when it is determined that their
records were not submitted to a promotion selection board for
consideration; or the record contained a material error when it was
reviewed by the promotion selection board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for promotion reconsideration and reinstatement
as an officer and the supporting documentation he submitted were carefully
considered.  However, there is insufficient evidence to support granting
the requested relief.

2.  The evidence of record confirms the applicant was considered and not
selected for promotion the second time by a RCSB that convened and
adjourned prior to 2 June 1995, the date the applicant was notified of his
second
non-selection for promotion to MAJ.

3.  By regulation, an officer may be reconsidered for promotion by a SSB if
it is determined that their records were not submitted to a promotion
selection board for consideration; or the record contained a material error
when it was reviewed by the promotion selection board.

4.  The evidence of record in this case confirms the applicant completed
the IOAC on 21 July 1995, after the RCSB that failed to select him for
promotion to MAJ a second time had already adjourned.  As a result, given
the AER he received for completion of the IOAC was issued after the RCSB
failed to select him for promotion to MAJ a second time adjouned, its
absence from the record can not be considered a material error.

5.  The applicant’s desire to continue to serve his country as an officer
is admirable, it would not be fair to other officers in similar situations
to grant the requested relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PMS_  __YM ___  __LGH__  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.




            ____Paul M. Smith_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010566                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/10/13                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |2X Prom Non-Select                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |111.00000                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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