IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090012828 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 a waiver of the military education requirement for promotion to lieutenant colonel (LTC) and consideration by a special selection board. 2. The applicant states that she was late completing the military education requirements due to several deployments to the U.S. Central Command (CENTCOM) area of responsibility. She completed the intermediate level education-common core (ILE-CC) requirement by correspondence course and a Master of Business Administration (MBA) degree on-line. Additionally, she has awards that were finalized but not received before the selection board convened. 3. The applicant provides copies of her DA Form 4037-E (Officer Record Brief), dated 17 July 2009; a certificate for the Meritorious Service Medal awarded on 30 June 2008; a DA Form 638 (Recommendation for Award) and certificate for the Army Achievement Medal awarded on 12 May 2008; and a DA Form 1059 (Service School Academic Evaluation Report) for the ILE-CC, dated 26 January 2009. CONSIDERATION OF EVIDENCE: 1. The applicant, a reservist whose date of rank as a major was 20 August 2002, entered her current tour of active duty in September 2002 and served in various training command positions until 21 July 2008 when she was assigned to CENTCOM, MacDill Air Force Base, Florida. 2. The Meritorious Service Medal commends the applicant for her performance as the 84th Training Command Liaison Officer to the Cadet Command for the period from 15 June 2007 to 14 June 2008. 3. An advisory opinion from the U.S. Army Human Resources Command states that the applicant was not selected for promotion to LTC by the Fiscal Year (FY) 2008 Reserve Components Selection Board (RCSB) because she had not completed the military education requirement. That board convened in September 2008 and the applicant did not complete her ILE-CC until 26 January 2009. However, the Chief, Special Actions Branch, for Department of the Army Promotions recommended that she be granted a waiver of the military education requirement and be reconsidered for promotion by a special selection board. He noted that the ORB and the Army Achievement Medal could not be seen by the special selection board because they do not constitute a material error. 4. The applicant acknowledged receipt of the advisory opinion without further comment. DISCUSSION AND CONCLUSIONS: 1. The applicant states that all education requirements have now been completed. She completed the ILE-CC requirement and an MBA degree while on several deployments to the CENTCOM area of responsibility. Additionally, her awards were finalized but not received before the selection board convened. 2. The applicant was serving on extended active duty and was transferred to CENTCOM, MacDill Air Force Base, Florida, shortly before the FY 2008 RCSB convened. 3. She had been promoted to major on 20 August 2002. Thus, she had approximately 6 years to complete the military education requirement. Her assignment to CENTCOM occurred only about 6 weeks before the promotion board met. Given these circumstances, a waiver of the military education requirement is not warranted. 4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 5. There is no documentation to support the applicant's contention and no rational to support the implied conclusion that those alleged circumstances would warrant the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ 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. _______ _ 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) AR20090012828 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012828 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1