PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 1998
         DOCKET NUMBER: AC97-06108

         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. The following members, a quorum, were present:

Ms.	Joann H. Langston		Chairperson
Mr.	Calvin M. Fowler		Member
Ms.	Karen L. Wolff		Member

         Also present, without vote, were:

Mr.	Karl F. Schneider		Acting Director
Mr.	Jessie B. Strickland		Examiner

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

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         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.

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2. The applicant requests promotion to the rank of major (MAJ) in the USAR.

3. The applicant states that she believes that it was unjust for her to be non-selected for promotion to the rank of MAJ in the USAR based on her not being educationally qualified. She goes on to state that she had received a message stating that completion of the Combined Arms Staff III (CAS III) course was not required for Medical Service Corps (MSC) officers with a date of rank (DOR) before 30 September 1987 and that her DOR as a captain is 1 July 1987. She further states that she completed the advance course in June 1993 and has completed phase I of the CAS III course. She contends that had she known that the requirements were going to be changed she would have made every effort to complete the CAS III. She also contends that she should be promoted to the rank of major and be afforded the opportunity to continue her career.

4. The applicant’s records show that the applicant is a USAR captain with a DOR of 1 July 1987. At the time of her application to this Board, she was assigned to a USAR Troop Program Unit (TPU) in Louisville, Kentucky.

5. In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM), Office of Reserve Component Promotions, St. Louis, Missouri. It opined that the applicant’s records were reviewed by the 1995 and 1996 USAR MAJ Promotion Selection Boards and that her records show that she was not educationally qualified for promotion to the rank of MAJ. It further opined that Army Regulation 135-155 requires commissioned officers to complete their educational requirements no later than the date a selection board convenes. It also stipulates that in order to compete for promotion to the rank of major, captains must complete an officer advance course. Effective 1 October 1994, completion of the CAS III was required.

6. A staff member of the Board contacted officials at the Office of Reserve Components Promotions to request further clarification regarding whether or not the applicant had in fact been informed that she was exempt from the requirement to complete CAS III for promotion to the rank of major. The official informed the staff member that officers in the applicant’s category had in fact been improperly informed by their personnel management officers (PMO) that they were exempt. However, that information was incorrect and they in fact were subject to the requirements as outlined in the applicable regulations. He further opined that the CAS III requirement had been waived during the 1997 and 1998 promotion selection boards.

7. Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the USAR. It states, in pertinent part, that Department of the Army Standby Advisory Boards (STAB) are formed to prevent any injustice to officers or former officers who were eligible for promotion but whose records were, through error, not submitted to a promotion selection board for consideration or contained a material error when reviewed by the board. In determining that a material error caused an officer’s nonselection by a promotion board, it must first be determined that one or more evaluation reports that should have been seen by a board (based on announced cut-off date) were missing from an officer’s OMPF, that the officer’s military or civilian education was incorrect, or that the officer was awarded a Silver Star or higher that was missing from the officer’s OMPF.

CONCLUSIONS:

1. It appears, based on the information provided by the applicant which was further substantiated by officials at the PERSCOM, that the applicant was informed that she was not required to complete the CAS III course in order to be eligible for promotion consideration to the rank of major.

2. It also appears, that the applicant relied on the information given to her at the time by officials who were in a position to properly advise her on such matters and in doing so had a detrimental effect on her career.

3. The Board notes that the applicant completed the advance course in June 1993 and proceeded to enroll in the CAS III course within a reasonable period of time. It appears that she has done everything that could be expected of her and the Board does not find it appropriate to penalize her for doing so.

4. Inasmuch as a precedent has been set by waiving the CAS III requirement during boards that have convened subsequent to the applicant’s nonselection, the Board finds that it would be appropriate that the applicant’s records be submitted to a duly constituted special promotion selection board convened under the appropriate promotion criteria of the boards that nonselected her.

5. Although the Board finds that the applicant should be afforded the opportunity to compete for promotion to the rank of major without regard to having completed the CAS III, it cannot ascertain that she would have been selected for promotion based on her overall record. Therefore, it would not be appropriate to promote her without going through the established procedures that are designed for circumstances of this nature. To do so would afford her an unfair advantage not afforded to others in similar circumstances.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by submitting the applicant’s records to a duly constituted special promotion selection board convened under the appropriate promotion criteria of the boards that nonselected her until she is either selected for promotion (without regard to completion of the CAS III course) or has been afforded all appropriate promotion reconsideration to which she is entitled as a result of this corrective action.

2. That if she is selected for promotion, she be promoted with an appropriate date of rank, or if those officers already selected have not yet been promoted, that she be assigned an appropriate sequence number.

3. In the event that the applicant has been separated from the service, the applicant should be reinstated to the USAR (if she so desires) and her records corrected to show that she had no break in service.

4. That in accordance with paragraph 21e, Army Regulation 15-185, following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal be returned to the Board for permanent filing.

5. That so much of the foregoing in excess of the above be denied.

BOARD VOTE:

JHL KW CMF GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON