RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050001784


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, consideration before a selective
continuation (SELCON) board for reinstatement in an active Reserve status
for a period of time sufficient to earn a 20-year letter for retirement
purposes.

2.  The applicant states that no accurate information was available on
preferred procedures to request selective continuation due to his two-time
non-selection for promotion to lieutenant colonel.  Guidance from the
Office of the Assistant Secretary of the Army (ASA) Manpower and Reserve
Affairs (M&RA) on how to proceed was not received in time.  He has been
discharged since 1 August 2004 in accordance with Army regulations
governing the separation of officers twice passed over for promotion to
lieutenant colonel.  His non-selection was based on the basis of his
educational status, having failed to complete 50 percent of the Command and
General Staff Officer Course prior to his promotion board dates.

3.  He also states that he understands the ASA M&RA has the authority to
direct his further retention within the Army Reserve as a major.  Due to
the difficulties establishing contact with the appropriate knowledgeable
action officer; however, he was discharged before any action toward his
retention could be accomplished.  The last significant correspondence
suggested that he apply to the Army Board for Correction of Military
Records (ABCMR).  It appears there is a precedent for selective retention
boards to consider just such a case as his.  Information papers from the
Fiscal Year (FY) 2001 and FY 2002 SELCON boards seem to indicate a very
favorable selection rate for those majors considered under such a board,
provided their service was of otherwise good character, as he believes
his to be.  The only difficulty in his case was that he had to discover
the existence of such a board on his own, as branch managers seemed to be
unaware of the procedures.  These boards do not seem to be held on a
regular basis.  He requests the ABCMR favorably consider initiating
actions necessary to reinstate him as part of the Army Reserve.  He is
still confident that he can make a meaningful contribution to the Army
Reserve for several more years.

4.  The applicant provides copies of the information papers for the FY
2001 and FY 2002 Selective Continuation (SELCON) Boards – Army
Competitive Category (ACC) Majors; electronic mail correspondence from
ASA M&RA; his reply to the Deputy ASA M&RA; and his officer evaluation
reports (OERs) for the periods 15 April 2002 through 14 April 2003,
21 July 2003 through 1 August 2003, and 5 August 2003 through 26
September 2003.




CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army Reserve (USAR) as a second lieutenant effective 6 May 1983 and
entered on active duty effective 29 June 1983.  He was promoted to captain
effective 1 June 1987.

2.  The applicant was released from active duty effective 21 April 1992,
for failure of selection for permanent promotion and transferred to the
USAR Control Group (Reinforcement).

3.  The applicant was promoted to major effective 5 May 1996.  He was
considered but was not selected for promotion to lieutenant colonel by
the 2002 and 2003 Reserve Components Selection Boards (RCSB).

4.  In a letter, dated 24 March 2004, to the Deputy ASA M&RA, the
applicant requested further retention in the Army Reserve, as an exception
to the normal provisions of Army Regulation 140-10.  The applicant stated
that he wished to be retained in the Army Reserve until the 20 year mark
for retirement eligibility.  The current provisions of Army Regulation 140-
10 provide for retention of an officer twice non-selected for promotion if
that officer has completed 18 qualifying years of service for retirement
purposes.  However, the ASA M&RA, or higher authority, may allow further
retention of an officer not eligible for other exceptions.

5.  On 9 April 2004, the Human Resources Command (HRC) - St. Louis,
Missouri, published orders D-04-412446, discharging the applicant from the
USAR, with an effective date of 1 August 2004, based on his two non-
selections for promotion.

6.  On 10 March 2005, the HRC – St. Louis, published orders D-04-412446R,
voiding the applicant's 1 August 2004 discharge.

7.  Based on the revocation of his discharge orders he was identified for
consideration for promotion to lieutenant colonel.  He was considered by
the 2005 RCSB that convened on 13 September and recessed on 7 October 2005.
 The board results have not been released.

8.  On 2 November 2005, the HRC – St. Louis, published orders D-11-535243,
discharging the applicant from the USAR effective 1 August 2004.  The
applicant was provided a copy of the orders.

9.  The applicant provides copies of information papers for the FY 2001 and
FY 2002 SELCON Army ACC Majors that provide information concerning
selective continuation of ACC for an additional period of active duty
service for FY 2001 and FY 2002.  He also provides copies of his OER's for
the periods ending 14 April 2003, 1 August 2003, and 26 September 2003.

10.  On 26 July 2004, an ASA M&RA staff member advised the applicant that,
although the ASA M&RA was the authority for selective continuation actions,
they still require coordination and staffing.  The applicant was advised
that he should submit his request to the Commander, HRC – St. Louis, and
realistically, since no one had received his request, he did not see how
this would be accomplished
prior to his discharge date.  The staff member also advised the applicant
of his available options including the option to apply to the Army Board
for Correction of Military Records, or apply for an appointment as a
warrant officer, or contact an Army Reserve recruiter in his area and
request determination of entry into the Reserve Components as an enlisted
Solider.

11.  The applicant's Retirement Points Summary Sheet, dated 25 August 2004,
shows he earned 9 qualifying years from 6 May 1983 through 5 May 1992.  He
earned no points other than membership, from 6 May 1992 through 5 May 1997.
He earned 7 qualifying years from 6 May 1997 through 1 August 2004 for a
total of 16 qualifying years for retirement purposes.  He was not issued,
nor was he eligible to have issued a notification of qualification for
retired pay at age 60 (20-Year Letter) prior to his discharge.

12.  The Office of Promotions, Reserve Promotions, HRC – St. Louis,
verified that their office has not been directed by the SA to conduct a
SELCON board for officers considered by the 2002 and 2003 RCSB's.

13.  Army Regulation 135–155, prescribes the policies and procedures for
the promotion of Reserve Components officers.  This regulation specifies
that officers in the grade of major who have failed selection for promotion
to lieutenant colonel a second time will be removed from active status,
unless subsequently placed on a promotion list, selected for continuation,
or retained in the Ready Reserve with 18 or more but less than 20
qualifying years of service for retired pay.

14.  Army Regulation 135-155, also specifics that, subject to the needs of
the Army, officers pending separation because of having twice failed to be
selected for promotion to lieutenant colonel, may be selectively continued
on the Reserve Active Status List in their present grade.  The Secretary of
the Army (SA) may direct a SELCON board to consider officers for
continuation when required by the needs of the Reserve of the Army.  A
SELCON board must recommend officers for continuation and the SA must
approve the recommendation before officers may be continued for 3 years
from the approval date of the SELCON board.  The SA may adjust the period
of selective continuation.  An officer not selected by a SELCON board will
be discharged.

15.  Army Regulation 135-155, also specifies that the Commander, HRC,
Office of Promotion, may administratively delete a name from a mandatory
promotion board report before Presidential approval.  The board report
becomes a promotion list after being approved by the President or his
designee.  If an officer is determined to be ineligible for consideration
because the officer was not in an active status or was in an active status
in error at the time of consideration, the Commander, HRC, Office of
Promotions, will verify the officer's ineligibility and request removal or
administrative deletion of the officer's name from the approved promotion
list.

16.  Army Regulation 135-180 also specifies, in part, that to be eligible
for retired pay an individual must have attained age 60, and completed a
minimum of 20 years of qualifying service; and that subsequent to 1 July
1949, qualifying service is granted only for each year of service an
individual earns 50 or more retirement points.  It also specifies that
eligible members must make application for retired pay.

17.  The term “good years” is an unofficial term used to mean years in
which
50 or more retirement points are earned during each year, and which count
as qualifying years of service for retirement benefits at age 60.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to consideration before a SELCON board for reinstatement in an
active Reserve status for a period of time sufficient to earn a 20-year
letter for retirement purposes.  He has not shown error, injustice, or
inequity for the relief he now requests.

2.  The applicant's contentions have been noted; however, the applicant
stated that he failed to complete the required military education for
promotion to lieutenant colonel prior to his promotion boards.  Implicit in
the Army's promotion system is the universally accepted and frequently
discussed principle that officers have a responsibility for their own
careers.  The general requirements and workings of the promotion system are
widely known, specific information on promotion and SELCON boards is widely
published in official publications.  The applicant knew, or should have
known, that based on his second non-selection he would be separated unless
selected for continuation.  He also has not satisfactorily shown that he
was prevented from requesting and receiving consideration by a SELCON board
prior to his discharge from the USAR.
3.  Although there are provisions for continuation boards based on the
directive of the SA, the Office of Promotions, Reserve Components, HRC –
St. Louis, verified that they have not been directed by the SA to conduct
such a board for majors considered by the 2002 and 2003 RCSB's.

4.  The applicant's discharge of 1 August 2004 was erroneously voided in
March 2005 and he was identified for promotion consideration.  The
applicant's consideration for promotion to lieutenant colonel by the 2005
RCSB and the results of the board are unknown at this time.  He was
reissued orders discharging him from the USAR effective 1 August 2004,
therefore, whether he is selected or not, his consideration by that board
is invalid based on his ineligibility.

5.  A review of his records confirmed that he had not completed a minimum
of 18 years of qualifying service for retention for completion of
20 qualifying years of service for retired pay benefits at age 60.

6.  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

_JRM___  __LE___  __JED___    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.




                                  _      Lester Echols_  ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001784                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/17                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.09                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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