PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 April 2003   
	DOCKET NUMBER:   AR2002079548

	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. Walter T. Morrison		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Ronald J. Weaver		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be granted a waiver of the promotion civilian education requirement.  

3.  The applicant states, in effect, that he was unable to complete his civilian education prior to the convening date of the promotion board.  He claims that his civilian job as an air traffic controller requires a considerable amount of time and training in order to stay current, and he was also required to attend courses out of state.  He further states that the operational tempo of his Reserve unit over the past several years has greatly increased, which placed a high demand on his available time, but he was still able to complete his military education requirement in 2001.  He also comments that he has undergone at least 15 procedures since being diagnosed with cancer four years ago, which also took up time that could have been used to complete his civilian education.  However, he was able to complete his civilian education on 31 March 2002, and he immediately sent this documentation to his career branch for submission to the promotion board.  In support of his application, he provides copies of his officer evaluation reports (OERs) from 1997 through 2001, his Military Police Officer Advanced Course (MPOAC) diploma, his Combined Arms and Services Staff School (CAS3) diploma, and his Bachelor of Business Administration Diploma Certificate from Concordia College.  

4.  The applicant’s military records show that as of the date of his application, he was still serving as a captain (CPT) in the United States Army Reserve (USAR).

5.  The applicant was considered and not selected for promotion to major (MAJ) by both the 2001 and 2002 Department of the Army (DA), Reserve Component (RC), MAJ, Promotion Selection Boards.  

6.  The OERs provided by the applicant confirm that in the four reports he received between November 1997 and September 2001, he was placed in the top block of all categories.  The raters placed him in the outstanding must promote block on all reports, and the senior raters all placed him in the best qualified block, and he received above center of mass evaluations on all reports. 

7.  The applicant provided documents confirming that he completed the MPOAC on 3 November 1995; the CAS3 on 28 July 2001; and that he was awarded a  Bachelor of Business Administration Degree on 31 March 2002.  

8.  During the processing of this case, an advisory opinion was received from the Chief, Special Actions Branch, Office of Promotions, RC, U.S. Total Army Personnel Command (PERSCOM), St. Louis, Missouri, dated 11 February 2003. It indicates that the applicant was considered and not selected for promotion to MAJ by both the 2001 and 2002 DA, RC, Promotion Selections Boards.  This RC promotion official states that the applicant’s record did not contain evidence showing that he completed an officer advanced course and a baccalaureate degree. Subsequent evidence was provided that showed that he completed the advanced course.  However, this evidence also confirmed that he did not complete his baccalaureate degree until 31 March 2002, after the 2002 promotion board convened on 4 March 2002.  The opinion further states that by law, members must complete the civilian education requirement prior to the convening date of the promotion board.  As a result, RC promotion officials do not have the authority to grant the applicant an education waiver.  

9.  However, the PERSCOM RC promotion official does state that although his office lacks the authority to grant the education waivers for civilian education, based on the information furnished by the applicant and the fact that he completed the civilian education requirement in 2002, he recommends a waiver of the civilian education requirement be provided by this Board.  

10.  On 12 March 2003, the applicant was provided a copy of the PERSCOM advisory opinion in order to have the opportunity to respond.  To date, he has failed to reply.  

CONCLUSIONS:

1.  The Board notes the applicant’s request that he be granted an education waiver, and it carefully considered the factors he presented with his case.  The Board finds these factors are sufficiently mitigating to warrant the requested relief. 

2.  The evidence of record confirms that the applicant completed his military education requirement for promotion, and that he was awarded his baccalaureate degree in the same month that the 2002 DA, RC, MAJ, Promotion Selection Board convened.  Further, PERSCOM, St. Louis, promotion officials recommend the applicant be granted a waiver of the civilian education requirement.  Thus, the Board finds it would serve the interest of equity and justice to grant the requested relief.  

3.  In view of the facts of this case, the Board finds that it would be appropriate to correct the applicant’s record to show that he completed his civilian education requirement prior to the convening date of the 2002 DA, RC, MAJ, Promotion Selection Board.  

4.  The Board also concludes that it would be appropriate to place the applicant’s corrected record, showing that he satisfied all military and civilian education requirements before a Special Selection Board (SSB) for consideration for promotion to MAJ under the criteria used by the 2002 DA, RC, MAJ, Promotion Selection Board.  Further, the Board finds that if he is selected for promotion by the SSB, his promotion effective date and date of rank to MAJ should be established as the date he would have originally been promoted had he been originally selected by the 2002 promotion board, and he should be provided any back pay and allowances due as a result.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned had completed all military and civilian education requirements for promotion to MAJ prior to the convening date of the  2002 DA, RC, MAJ, Promotion Selection Board; by placing his corrected record before a SSB for consideration for promotion to MAJ under the criteria used by the 2002 DA, RC, MAJ, Promotion Selection Board; and if selected for promotion by the SSB, by establishing his promotion effective date and date of rank as the date he would have been promoted had he been originally selected by the 2002 promotion board, and providing him any back pay and allowances due as a result.

BOARD VOTE:  

___hbo__  __rjw  ___  __wtm __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2002079548	
SUFFIX		
RECON		
DATE BOARDED	2003/04/17	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  1043	131.1100	
2.		
3.		
4.		
5.		
6.