RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 OCTOBER 2004
DOCKET NUMBER: AR20040011768
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 |
| |Ms. Gale J. Thomas | |Analyst |
The following members, a quorum, were present:
| |Mr. Mark Manning | |Chairperson |
| |Mr. Larry Bergquist | |Member |
| |Ms. Carmen Duncan | |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 a change in her date of rank to captain.
2. The applicant states that there was a material error in her records
when seen by the 1994 Captain Promotion Board, that her records did not
contain her baccalaureate degree and she was nonselected for promotion.
3. The applicant states that her baccalaureate degree which she earned in
1987 was not placed on her microfiche until 12 June 2002. A copy of her
degree was sent to the president of the board along with her Officer
Evaluation Report (OER) for the period 30 August 1993 to 1 March 1994.
4. The applicant provides no evidence in support of her request.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a United States Army Reserve second
lieutenant in May 1987. She was promoted to first lieutenant on 26 May
1990.
2. In May 1987, the applicant received a Bachelor of Science Degree from
the University of South Carolina.
3. On 1 March 1994, the applicant was notified that she had been
considered and nonselected for promotion by the 1994 Department of the Army
Reserve Components Selection Board. The notification informed her that
Selection Boards are not permitted to divulge the reasons for their
selections or nonselections.
4. The applicant was subsequently promoted to Captain on 25 May 1995 and
to Major on 19 June 2002.
5. In the processing of this case an Advisory Opinion was obtained from
the U.S. Army Human Resources Command – St. Louis, which recommended that
the applicant’s request be denied. It indicated promotion boards use one
code for those nonselected for numerous unspecified reasons and another
code for those who were nonselected for failing to meet the educational
requirements. The opinion noted that the nonselect code recorded for the
applicant was for reasons other than education; however, specific reasons
are unknown because board deliberations are not a matter of record.
6. The applicant was provided a copy of the advisory opinion and submitted
a rebuttal in which she disagrees with the advisory opinion and reiterates
her contention that there is no valid reason why she was not selected for
promotion, and that there is nothing derogatory in her file. The only
possible reason for her nonselection would center on her extended stay in
the Individual Ready Reserve (IRR) which caused her not to have as many
evaluations to present to the board as her counterparts. For personal
reasons she spent 6 years in the IRR, however once her issues were resolved
she willingly became a drilling Army Reserve Soldier.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available records nor did the applicant
provide documentation to substantiate her claim that her 1987 baccalaureate
degree was not added to her microfiche until 12 June 2002. Had that been
the case, or as she contends the reason for her nonselection, it would not
have been present in her records when she was selected for Captain by the
1995 Promotion Selection Board.
2. Department of the Army Selection Boards do not divulge the reasons for
selection or nonselection, therefore there is no definitive way of knowing
why the applicant was nonselected. There is no evidence of error or
injustice concerning the applicant’s consideration for promotion by the
1994 Captain Promotion Board, and thereby no action that would justify
altering the result of the board, or changing the applicant’s date of rank.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MM__ ___LB___ __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.
______Mark Manning______
CHAIRPERSON
INDEX
|CASE ID |AR20040011768 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051004 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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