IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100019259 


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 for the civilian education requirement for promotion to captain.

2.  The applicant states:

* the governing regulation states an officer must meet the required civilian education requirements prior to the convening date of the promotion board, which in his case were 6 November 2007, 4 November 2008, and 3 November 2009
* he completed his required civilian education (bachelor's degree) on 9 June 2010
* he needs an exception to policy (waiver) for the civilian education in order to request a Special Selection Board
* he will be discharged from the Army on 1 October 2010 if not promoted

3.  The applicant provides:

* letter, dated 30 June 2010, from U.S. Army Human Resources Command, St. Louis, MO
* certificate of graduation
* official transcript



CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Army Reserve (USAR), he was appointed as a second lieutenant in the Army National Guard on 24 August 2002.  He was promoted to first lieutenant on 13 April 2005.  He was separated from the Army National Guard on 3 January 2007 and transferred to the USAR Control Group (Reinforcement).

2.  Records show he was considered but not selected by the Fiscal Years 2008, 2009, and 2010 Captain, Army Promotion List, Reserve Components Selection Board.  The letter provided by U.S. Army Human Resources Command, St. Louis, MO, states that in his case, he could not be selected for promotion based on the fact that his records did not reflect completion of the required civilian education requirements (bachelor's degree).

3.  His degree (Bachelor of Arts with a major in Judiciary Systems) was conferred on 9 June 2010.

4.  Paragraph 2-9 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states effective 1 October 1995 no person may be selected for promotion to the Reserve grade of captain unless, not later than the day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense for purposes of meeting officer educational requirements.

DISCUSSION AND CONCLUSIONS:

His request for a waiver for the civilian education requirement for promotion to captain was carefully considered.  However, since his degree was conferred after the promotion board convening dates, there is no basis for granting 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 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)                                         AR20100019259



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ABCMR Record of Proceedings (cont)                                         AR20100019259



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