RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20040011214


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Robert T. Dunbar              |     |Member               |
|     |Ms. Laverne V. Berry              |     |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 reinstatement to the officer corps and be
promoted to major in the Tennessee Army National Guard (TNARNG).

2.  The applicant states he has the qualifications, experience, and
education to perform the task.  He did not have an opportunity to review
his file prior to it going to the promotion board and it did not contain
his Officer Evaluation Report (OER) from his command position or a letter
of recommendation from his Congressman. He was unable to complete his
required courses due to deployment and his unit's indifference because of a
pending mobilization to Bosnia in 2001.

3.  The applicant provides 59 pages from his Official Military Personnel
File (OMPF).

CONSIDERATION OF EVIDENCE:

1.  The records show the applicant enlisted in the Tennessee Army National
Guard (TNARNG) on 31 December 1983 and served on active duty from 3 April
1984 through 2 July 1986.

2.  He was accepted and successfully participated in a non-scholarship
Reserve Officer Training Corps course and was commissioned a second
lieutenant, Adjutant General’s Corps, on 3 June 1987.  He was promoted to
first lieutenant effective 24 May 1991 and to captain effective 21 January
1993.

3.  The record contains the applicant's OERs as a captain for the period of
4 May 1993 through 14 November 2000, except that there is no OER for the
period 1 June 1998 through 31 May 1999.

4.  During his service as a captain his raters marked him in the first
block (exceeds requirements or outstanding performance) twice, in the
second block (usually exceeds requirements) four times, and in the third
block (met requirements) once.

5.  Although the senior raters evaluated him as at the center of mass, he
was never marked in the top block, only once in the second block, and three
times in the third block.  He had a single center of mass fourth block
rating.

6.  The 1994, 1995, 1997, and 1998 OERs were all referred OERs because the
applicant had failed to pass the Army Physical Fitness Test (APFT).
7.  Both the Annual and the Change of Rater OERs in 2000 noted the
applicant needed to complete the Combined Arms and Services Staff School
(CAS3) for promotion to major.

8.  The record does not contain a copy of the applicant's first
nonselection notification from the Army Reserve Components Selection Board
that was convened in March 2000.

9.  The applicant completed the resident phase of the Quartermaster Reserve
Component Officer Advanced Course on 15 December 2000.

10.  By letter dated 26 July 2001, the Army Reserve Components Selection
Board notified him that he had been nonselected for promotion.  No specific
shortcomings or reasons for the nonselection where identified.  He was also
notified that since this was his second nonselection he would be discharged
not later than 1 January 2002.

11.  The applicant was scheduled to attend the CAS3 course in the fall of
2001; however, he was removed from the school prior to the commencement of
the school due to being twice passed over for promotion to major.

12.  The applicant completed the Defense Information School Public Affairs
Officer Course on 28 September 2001.

13.  The applicant elected to revert to enlisted status, effective
2 January 2002, in lieu of being discharged.

14.  In the processing of this case, an advisory opinion was obtained from
the National Guard Bureau.  The Chief, Personnel Division noted that the
applicant's file contained no orders appointing him as a commander nor did
he receive any notations on his OERs of any service as an acting commander
except as a part of his duties as the executive officer.

15.  The Chief noted that the applicant had not attempted to complete his
required officer course between 1994 and 1997.  The Chief noted that the
applicant was deployed for six weeks in 1998 and 7 months in 1999 and that
it is not the command's responsibility to make sure an officer stays on the
right career progression path.  The Chief also noted that the letter from
the applicant's Congressman was not of record.  A copy of the advisory
opinion was provided to the applicant for comment or rebuttal.


16.  On 9 February 2005, the applicant rebutted the advisory opinion.  He
enclosed a copy of a DA Form 1059 (Service School Academic Evaluation
Report), showing completion of Quartermaster Reserve Component Officer
Advanced Course; a DA Form 67-9 (Officer Evaluation Report) for the period
15 November 2000 through 14 November 2001, showing assignment as the Public
Affairs Detachment Commander; the Meritorious Service Medal Award
Certificate; and a Defense Information School Diploma for completion of the
Public Affairs Officer Course on 28 September 2001.

17.  The applicant also provided the missing letter from his Congressman.
The Congressman indicated he personally knew the applicant and recommended
him for promotion.  The applicant also provides a 6 February 2005 letter
from the lieutenant colonel (LTC) who was the applicant's rating officer in
2000 – 2001.  The LTC described the applicant as the most skilled public
affairs officer in the TNARNG and recommended the applicant be promoted.

18.  Army Regulation 135-155 (Army National Guard and Army Reserve
Promotion of Commissioned Officers and Warrant Officers other than General
Officers) prescribes the policies and procedures for promotion of Reserve
officers.  Chapter 2 provides that mandatory selection boards will be
convened each year to consider Reserve Component officers in an active
status for promotion to captain through lieutenant colonel.  In order to be
qualified for promotion to major, an individual must have completed 7 years
time in grade as a captain, and completed any officer advanced course
before the convening date of the respective promotion board.

19.  Army Regulation 135-100 (Army National Guard and Army Reserve
Appointment of Commissioned and Warrant Officers of the Army) provides
guidance on the eligibility criteria for appointment of Reserve officers.
Paragraph 1-7 states commissioned officers twice passed over for promotion
are not eligible for appointment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was first considered for promotion to
major by the promotion board that convened in March 2000 and considered a
second time by a board that convened in March 2001.

2.  The Office of Promotions, Reserve Components letter dated 26 July 2001
informed the applicant he had been considered but not selected for
promotion for the second time.
3.  To be considered for promotion to major the applicant needed to have
completed an officer advanced course before the convening date of the
promotion board.  There is no indication the applicant applied for or
attempted to complete an advanced officer course until after he was first
nonselected.  He did not complete the Quartermaster Reserve Component
Officer Advanced Course until 15 December 2000, 9 months after the first
promotion board convened.  Therefore his first nonselection was proper.

4.  The applicant has provided no documentation that he served in a command
position prior to that reflected on his OER for the period 15 November 2000
through 14 November 2001.  This period would not have been considered by
the second promotion board because the OER was not written until after the
promotion board had convened.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__CLG___  __RTD__  __LVB__  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.





                                  _    Curtis L. Greenway________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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