| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Celia L. Adolphi | Chairperson | |
| Mr. Arthur A. Omartian | Member | |
| Mr. Harry B. Oberg | Member |
2. The applicant requests that he be promoted to captain with a date of rank and effective date of 1 March 2001.
3. The applicant states that he submitted his request for waiver of the statutory educational requirements for promotion to captain on 8 August 2000, prior to the Congressional deadline of 1 October 2000. He did not discover until 9 February 2001 that his Branch did not process his request.
4. The applicant’s military records show that, after having had prior enlisted service, he was commissioned in the U. S. Army Reserve out of Officer Candidate School (OCS) on 17 April 1998. (In 1999, he applied to this Board for correction of his commissioning date to 7 August 1997 due to an OCS error. His request was approved and his date of commission was adjusted as requested and his dates of rank to second and first lieutenant were adjusted accordingly.) He was selected for promotion to captain by the Fiscal Year 1999 Captain Army Promotion Selection Board with a promotion eligibility date to captain of 1 March 2001.
5. On 8 August 2000, the applicant submitted a waiver of the education requirements to Engineer Assignments Branch, U. S. Total Army Personnel Command. Engineer Branch received the request for waiver on 8 August 2000.
6. Title 10, U. S. Code, section 12205 states that no person may be appointed to a grade above the grade of first lieutenant unless that person has been awarded a baccalaureate degree by a qualifying educational institution. The Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 authorized the Secretary of the Army to waive, until 30 September 2000, this requirement for any officer who was commissioned through the Army OCS before 17 October 1998. The waiver would be made on a case-by-case basis and may continue in effect for no more than 2 years after the waiver is granted. The applicant submitted a waiver under this authority on 8 August 2000.
CONCLUSIONS:
1. There is evidence of Government error in this case. The evidence shows that Engineer Branch received the applicant’s request for an education waiver almost two months prior to the suspense date and for unknown reasons the request was not processed. The applicant’s records should be corrected to show that his request for a waiver of the statutory educational requirement was received and processed by the appropriate office on 8 August 2000, approved, and that he was promoted to captain with a date of rank and an effective date of 1 March 2001.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that applicant’s request for a waiver of the statutory educational requirement was received on 8 August 2000, processed, approved, and he was promoted to captain with a date of rank and an effective date of 1 March 2001.
BOARD VOTE:
__cla___ __aao___ __hbo___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Celia L. Adolphi
______________________
CHAIRPERSON
| CASE ID | AR2001055424 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011030 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.04 |
| 2. | 131.05 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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