IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080004090 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, an education waiver and reconsideration for promotion to lieutenant colonel (LTC). 

2.  The applicant states that from April 2005 to September 2006, he was deployed in support of Operation Enduring Freedom and was unable to attend any Army school required for promotion.  The first promotion board for LTC convened in September 2006.  Since returning from deployment, he has made every effort to attend the necessary schools for promotion.  He graduated from Combined Arms Exercise (CAX) in January 2008, and has applied for Phase I training.  He is also planning to complete Phase II when a class becomes available or by correspondence. 

3.  The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214), Service School Academic Evaluation Report, and two Officer Evaluation Reports. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a major, Military Intelligence, with Detachment 3, Army Reserve Element, in support of the United States European Command.  

2.  On 19 July 2000, the applicant was promoted to major, pay grade O-4.

3.   The applicant served in Afghanistan in support of Operation Enduring Freedom from 3 September 2005 to 1 September 2006.

4.  The applicant’s records were considered for promotion to LTC by the 2006 and 2007 LTC Department of the Army Reserve Components Selection Boards and was not selected.  The reason given for his non-selection was that he did not meet the military education requirements.

5.  In processing this case, an advisory opinion was obtained from the Chief, Special Actions Branch, United States Army Human Resources Command, St. Louis, Missouri.  It advised the applicant to apply to this Board.  It recommended that he be granted a military education waiver for 2007 and that his records be considered by the next available special selection board.

6.  On 26 May 2008, the applicant concurred with the advisory opinion.

7.  Army Regulation 135-155, provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR), and warrant officers of the USAR.  It provides, in pertinent part, that the military education requirement for promotion to LTC is 50 percent completion of the Command and General Staff Course not later than the day before the selection board convening date.  The Commander, Human Resources Command, Chief, Office of Promotions, is the approval authority for exceptions to nonstatutory promotion requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was deployed in 2005 and 2006 and completed 50 percent of the required military training (CAX) in January 2008.  It would be unfair and result in too harsh a penalty not to grant him a waiver of his military education so that he may be considered by a special selection board.

2.  In view of the above, the applicant's request for a waiver of his military education for calendar year 2007 should be granted.








BOARD VOTE:

___X____  ___X ___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  waiving his military education requirement for calendar year 2007;
      
      b.  submitting his records to a duly constituted selection board/advisory board for promotion consideration for lieutenant colonel under the 2007 year criteria; 
      
      c.  showing his records are further corrected, if selected for promotion to lieutenant colonel on his date of eligibility, as determined by appropriate Departmental officials, under the 2007 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and
      
      d.  notifying him, if he is not selected.






__________X _   _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070015723



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ABCMR Record of Proceedings (cont)                                         AR20080004090



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