IN THE CASE OF: BOARD DATE: 14 April 2011 DOCKET NUMBER: AR20100018724 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 correction of his military records to show he was granted a waiver of the military education requirement for consideration for promotion to major. 2. The applicant states he was considered educationally unqualified for selection. The selection board was scheduled to convene on or about 2 February 2010. He completed the Engineer Captains Career Course on 5 February 2010. He submitted a letter to the selection board informing them of his enrollment in Phase V of the course and his approximate date of graduation. However, his records were not reviewed. He is currently deployed in a major's position. 3. The applicant provides copies of his DA Form 1059 (Service School Academic Evaluation Report), dated 2 March 2010; and an undated memorandum from Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, informing him of his selective continuation on the Reserve Active Status List. CONSIDERATION OF EVIDENCE: 1. On 13 December 1996, the applicant was appointed in the U.S. Army Reserve (USAR) as a second lieutenant. 2. The applicant was promoted to captain, USAR, Engineer Corps, with a date of rank of 23 April 2003. 3. On 5 March 2010, the applicant completed the Engineer Captains Career Course at Fort Leonard Wood, MO. 4. In the processing of this case, on 8 March 2011, a staff advisory opinion was obtained from the Chief, Officer Promotions, Special Actions Branch, U.S. Army Human Resources Command, located at Fort Knox, KY. The advisory official stated that the applicant had completed the military educational requirement for promotion consideration to major on 5 March 2010 while the Fiscal Year 2010 Major Army Promotion Board was still in session. The official recommended that the applicant be granted a waiver for this military education requirement and receive consideration for promotion by a Special Selection Board (SSB). The advisory official makes no mention as to why the applicant had not completed the military education requirement earlier. 5. On 8 March 2011, a copy of the advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. 6. 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 USAR, and warrant officers of the USAR. It provides that the military education requirement for promotion to major is the completion of any officer advanced course not later than the day before the selection board convening date. The Commander, U.S. Army Human Resources Command, Chief, Office of Promotions, is the approval authority for exceptions to nonstatutory promotion requirements. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his military records should be corrected to show he was granted a waiver of the military education requirement for consideration for promotion to major. 2. The applicant states he was considered educationally unqualified for selection because he had not completed the Engineer Captains Career Course prior to the convening of the 2010 Major Army Promotion Board. However, he offers no explanation as to why he failed to complete the required training prior to the convening of the board. 3. Nonetheless, denial of the applicant's request would be unfair and result in too harsh a penalty. 4. In view of the foregoing, the applicant's request for a waiver of his military education for calendar year 2010 should be granted and his records should be submitted for consideration by an SSB under the 2010 promotion criteria for major. 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. showing his military education requirement was waived for calendar year 2010; b. submitting his records to a duly constituted Special Selection Board for promotion consideration for major under the 2010 year criteria; c. that if selected, his records be further corrected by showing he was promoted to major on his date of eligibility, as determined by appropriate Departmental officials, under the 2010 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and d. that if not selected, the applicant be so notified. _______ _ 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) AR20100018724 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018724 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1